City Commission Packet 08-22-2023

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                                               City of Muskegon
                                           City Commission Meeting
                                                    Agenda

                                           August 22, 2023, 5:30 pm
                                              Muskegon City Hall
                                   933 Terrace Street, Muskegon, MI 49440

AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF
ITS COMMITTEES OR SUBCOMMITTEES

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to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice.
The participant will then receive a zoom link which will allow them to watch live and give comment. Contact
information is below. For more details, please visit: www.shorelinecity.com

The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the
hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with
disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing
or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440;
231-724-6705; [email protected]

                                                                                                          Pages

   1.    Call To Order

   2.    Prayer

   3.    Pledge of Allegiance

   4.    Roll Call

   5.    Honors, Awards, and Presentations

          5.a     Two Residents Honored for Life Saving Measures

   6.    Public Comment on Agenda Items

   7.    Consent Agenda

          7.a     Approval of Minutes - City Clerk                                                             1
      7.b    Certification of MERS Representatives - Finance                                    16

      7.c    Munetrix Contract - Finance                                                        18

      7.d    Purchase of Salesforce - Economic Development                                      23

      7.e    MDNR Spark Grant Agreement - Parks & Recreation                                    37

      7.f    Rezoning of 417 Jackson Avenue - Planning Department                               54

      7.g    Rezoning of 1225 E Laketon Avenue - Planning                                       61

      7.h    Rezoning of Several Properties on Myrtle Ave, Allen Ave, and Jay St. in the        67
             Angell Neighborhood - Planning

       7.i   Amendment to the Zoning Ordinance - Fencing - 2nd Reading - Planning               74

       7.j   Amendment to the Zoning Ordinance - Residential Design Criteria - 2nd Reading      79
             - Planning

      7.k    30" Water Main Meter - DPW - Filtration                                            86

       7.l   DWRF ARPA Grant Agreement - DPW                                                    99

      7.m    Vehicle Purchases - DPW                                                           118

      7.n    Vehicle Purchase - Skid Steer - DPW                                               119

      7.o    SHPO (State Historic Preservation Office) CLG (Certified Local Government)        123
             Grant Agreement

      7.p    Contract Award - Nelson House Move - Development Services                         182

 8.   Public Hearings

      8.a    Public Hearing - Approval of the Lakeside Business Improvement District Special   237
             Assessment - Economic Development

 9.   Unfinished Business

10.   New Business

      10.a    Amendment to Zoning Ordinance, Residential Setback Requirements                  255

      10.b    City ARPA Community Grant - Pioneer Resources, Inc. - Manager's Office -
              REMOVED PER STAFF REQUEST
      10.c    Assistance to Firefighters Grant - Public Safety   263

11.   Any Other Business

12.   Public Comment on Non-Agenda items

13.   Closed Session

14.   Adjournment
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22, 2023                          Title: Approval of Minutes

Submitted By: Ann Marie Meisch, MMC                               Department: City Clerk

Brief Summary: To approve the minutes of the August 2, 2023 Special Worksession Meeting and
the August 7, 2023 Worksession/General Session Meeting.




Detailed Summary & Background:




Goal/Focus Area/Action Item Addressed:



Amount Requested:                                  Amount Budgeted:



Fund(s) or Account(s):                             Fund(s) or Account(s):

Recommended Motion: To approve the minutes.



Approvals: Get approval from division head at a minimum prior     Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head        Information Technology             Yes
Other Division Heads           Communication                      No
Legal Review

For City Clerk Use Only:
Commission Action:
                                         City of Muskegon

                                   Special Commission Meeting

                               Re: ARPA Community Grant Program

                                             Minutes


                                    August 2, 2023, 1:00 pm
                                      Muskegon City Hall
                            933 Terrace Street, Muskegon, MI 49440

Present:                   Mayor Ken Johnson
                           Commissioner Rachel Gorman
                           Commissioner Rebecca St.Clair
                           Commissioner Eric Hood
                           Vice Mayor Willie German, Jr.
                           Commissioner Michael Ramsey
                           Commissioner Teresa Emory

Staff Present:             City Manager Jonathan Seyferth
                           City Clerk Ann Meisch
                           City Attorney John Schrier
                           Director of Government Relations Peter Wills
                           Community Engagement Manager Deborah Sweet


2023-85

1.     Call to Order

       Mayor Johnson called the Special Meeting of the City Commission to order at 1:05 p.m.

2.     New Business

       2.a       City ARPA Community Grant Proposals

                 To review and consider eligible grant proposals, as presented by the ARPA
                 Community Grant Review Committee.

                 2/14: City Commission authorized $1.6M from the City’s remaining allocation of
                 American Rescue Plan Act (ARPA) federal stimulus funds for the creation of a
                 city-sponsored ARPA Community Grant program. Eligible applicants included

                                                 1
non-profit organizations, small businesses and each neighborhood association in
the city. Grant requested amounts in the range of $25,000 - $250,000.

3/1 - 3/31: Grant application period; 60 applications received.

April / May: Review of applications and established ARPA Community Grant
Review Committee.

      (6) members: Lawrence Baker (Ward 1), Leon Howard (Ward 2), Jennifer
       Sanocki (Ward 3), Nina Leask (Ward 4), Jonathan Seyferth (City Manager),
       and Sharonda Carson (Director, Community and Neighborhood Services).
       Two additional representative(s) were included, as advisors to the
       committee, from local Community Based Organizations.

June: Review Committee held four public meetings at City Hall on 6/5, 6/7, 6/22
and 6/29.

Applications were to be consistent with the City Commission’s 2022-2027 Long
Term Goals. https://muskegon-mi.gov/cresources/ARP-001-Grant-Application-
Program-Guidelines.2.16.pdf

The Committee used a multi-step process to review and evaluate all applications.
The committee referred to the following questions, as part of the evaluation
criteria, on which to base their selected scores. Projects were ranked by the
cumulative average of each members scores.

      Is the project description and budget clear and well-defined?

      Does the project include a capital expenditure?

      Does the project provide a description of structure and objectives of the
       assistance program(s), including public health or negative economic
       impacts experienced?

      Does the project identify service outcomes for residents
       disproportionately impacted by the COVID-19 pandemic (e.g.,
       communities of color, people with disabilities, low-to-moderate income
       residents or elders)

      Brief description of recipient’s approach to ensuring that the response is
       reasonable and proportional to a public health or negative economic
       impact of COVID-19?

      What is the project’s sustainability (e.g., one-time v. recurring cost)?


                                 2
       Is the project capable of being completed within the ARPA timeline
        requirements services?

       Has applicant previously partnered with or assisted other community
        organizations to provide needed services?

       Is the project aligned with Commission’s 2022-2027 Long Term Goals?



The Committee recommends (22) project proposals for the Commission’s
consideration -

        o (4) neighborhood associations, (5) small businesses and (13) non-
          profit organizations.

        o (12) recommended Women- and Minority-Owned
          Businesses/Organization proposals.

        o (8) proposals to provide funds for the direct benefit of community
          youth.

        o (3) proposals to provide funds to expand access to new housing
          options for area residents.

        o (12) proposals recommended to receive the full amount of their
          project request.

Staff was directed to conduct an initial review and assessment of all 60
applications to ensure completeness and eligibility. The Review Committee
deliberated on a first set of project proposals which fulfilled the requirements of
the application and were rated accordingly. The group reviewed a second set of
applications which minimally met the grant program’s criteria but either lacked
clarity, specificity, or did not meet the impactful expectations of the grant
program guidelines. The committee chose three proposals from this second
group to review and rate.

       Is the project aligned with Commission’s 2022-2027 Long Term Goals?
        Applicants approved for funding will enter into a contractual agreement
        with the City which outlines general obligations and federal reporting
        requirements. Approved applicants will be required to complete a
        Beneficiary Agreement with the City to adhere to these requirements.




                                 3
            City Manager, Jonathan Seyferth, gave an overview of the process used by the
            ARPA Community Grant Review Committee to rate/score applications submitted
            for grant funds. Discussion took place. Staff is directed to consult with applicants
            with award recommendations below 50% of their ask to ensure the
            recommended funds are sufficient to move their project forward. This item will
            be placed on the agenda for consideration at the August 7, 2023 meeting.

3.   Public Comment

     Public comment was received.

4.   Adjournment

     The Work Session meeting adjourned at 3:20 p.m.

     Motion by: Commissioner Ramsey
     Second by: Commissioner St.Clair

     To adjourn.

                                                                              MOTION PASSES




                                                                _________________________

                                                                       Respectfully Submitted,

                                                          Ann Marie Meisch, MMC - City Clerk




                                              4
                                 City of Muskegon
                             City Commission Meeting
                                      Minutes


                              August 7, 2023, 5:30 pm
                                Muskegon City Hall
                      933 Terrace Street, Muskegon, MI 49440

Present:              Mayor Ken Johnson
                      Commissioner Rachel Gorman
                      Commissioner Rebecca St.Clair
                      Commissioner Eric Hood (Arrived at 6:50 p.m.)
                      Vice Mayor Willie German, Jr.
                      Commissioner Michael Ramsey
                      Commissioner Teresa Emory

Staff Present:        City Manager Jonathan Seyferth
                      City Clerk Ann Meisch
                      City Attorney John Schrier
                      Deputy City Clerk Kimberly Young



1.    Call To Order

      Mayor Ken Johnson called the Muskegon City Worksession/General Session
      meeting to order at 5:30 p.m.
2.    Prayer
      In lieu of an opening prayer, a moment of silence was observed.
3.    Pledge of Allegiance

      The Pledge of Allegiance to the Flag was recited by the Commission and the
      public.
4.    Roll Call
      As recorded above
5.    Honors, Awards, and Presentations
      5.a    Introduction of Staff

                                          1
      City Clerk Ann Meisch introduced the new Elections Coordinator Shelly
      Stibitz. The City Clerk's Office is excited to have Shelly join our team as
      we enter into a presidential election year with several constitutional
      changes regarding elections.
5.b   HOME ARP Plan - Community and Neighborhood Services

      Community and Neighborhood Services Director, Sharonda Carson,
      presented information regarding the HOME ARP Plan. The HOME ARP
      Plan is on the agenda for approval at tonight's meeting.
5.c   Parks & Recreation Master Planning Update - Public Works

      Parks and Recreation Director, Kyle Karczewski, presented information
      regarding the Parks and Rec Master Plan Update. There will be
      opportunities for public input in multiple formats. The Parks & Recreation
      Department is seeking feedback from residents about what they would like
      to see in the city's parks. They will focus on areas that had low response
      rates in the 2020 survey. Aside from digital marketing, the Parks & Rec
      department will also be engaging the community in person and at a variety
      of events throughout the city over the next several weeks. The
      Department is also planning several pop-up parties at parks throughout
      the city in order to provide an opportunity to allow residents to provide
      feedback, make requests, and offer suggestions.

5.d   Lakeside Business Improvement District Special Assessment -
      Economic Development

      The Lakeside Business Improvement District is requesting a special
      assessment for three more years starting in January of 2024.

      Dave Alexander, Community Engagement Specialist, presented on the
      Lakeside Business Improvement District Special Assessment. The
      Lakeside Business Improvement District is requesting a special
      assessment for three more years starting in January of 2024.

      Funds from the Lakeside BID assessment in 2021-2023 has allowed for
      the BID to cover items that keep the integrity of the business district.
      Funds have been used to cover snow removal, Christmas decorations,
      landscaping and maintenance, Lakeside events, and advertisements in
      the Visitor's Guide.

      In order to continue these services, the Lakeside BID has requested a
      final three-year assessment at a 20% reduction of 2024-2026, continuing
      with the current district boundaries. Class A properties will have a per

                                     2
           parcel rate of $0.04 per square foot of lot size for a Commercial Property,
           not to exceed $1,600, and $0.02 per square foot of lot size for an
           Industrial, Automotive or Utility Property, not to exceed $1,600. The
           special assessments will be in winter tax bills. After the additional three
           years is complete, the BID will transition into the CIA.

           City staff has provided a Special Assessment Packet that outlines the
           overview of the request, a letter from the City of Muskegon Assessor, the
           budget recommendation and explanation, and the properties included in
           the assessment. City staff will introduce the request at the Work Session
           on August 7th, 2023 and bring it to the City Commission meeting on
           August 22nd, 2023.
6.   Public Comment on Agenda Items
     Public comments were received.
7.   Consent Agenda
     Action No. 2023-86

     Motion by: Commissioner Ramsey
     Second by: Commissioner St.Clair

     To accept the consent agenda as presented, minus item E - item B has been
     removed for consideration at a later date.
     Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice
     Mayor German, Commissioner Ramsey, and Commissioner Emory
     Absent (1): Commissioner Hood
                                                           MOTION PASSES (6 to 0)


     7.a   Approval of Minutes - City Clerk

           To approve the minutes of the June 29, 2023 Goal Setting Meeting and
           the July 25, 2023 Regular Meeting.
           STAFF RECOMMENDATION: To approve the minutes.

     7.b   Updated Property Maintenance Code - Public Safety - REMOVED PER
           STAFF REQUEST
     7.c   Fire Station #5 Roofing Project - Public Safety




                                         3
      Bid tabulations were requested and accepted from Garland. Ostrander
      Roofing was the lowest for a project pricing of $47,000.00. Other bids
      were from Excel Roofing with project pricing of $49,000.00 and Hoekstra
      Roofing with project pricing of $60,000.00.

      Garland budgets for the materials and estimated freight fees for a total of
      $29,983.00 There is also estimated costs for structural evaluation at
      $3500.00.
      The project total is $80,483.00.

      STAFF RECOMMENDATION: To approve the budget requested for the
      Marquette Fire Station roofing project and award the project to Ostrander
      Roofing.
7.d   HOME ARP Plan - Community & Neighborhood Services

      Staff has consulted with many agencies, utilized data from Point in Time
      (PIT) Count, data from the housing assessment ad feedback from the
      community to determine the best use of these HOME ARP funding.

      Top Priorities: quality affordable housing, move- in expenses, case
      management and emergency shelter.
      Four Qualifying Populations:
         1. Homeless as defined in 24 CFR 91.5;
         2. At risk of Homelessness as defined in 24 CFR 91.5;
         3. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence,
            Sexual Assault, Stalking, or Human Trafficking (referred to herein
            as domestic violence/sexual assault/trafficking); and

         4. Other populations who do not qualify under any of the populations
            above but meet one of the following criteria:

            Other Families Requiring Services or Housing Assistance to
             Prevent Homelessness

            Those at Greatest Risk of Housing Instability
      To conclude, staff is recommending the use of funding for housing
      initiatives within the city limits, funding set aside to assist agencies with
      supportive services for those considered as the qualifying population and
      funding to establish a Community Housing Development Organization
      (CHDO).


                                     4
      AMOUNT REQUESTED: $1,200,000
      FUND OR ACCOUNT: HOME
      STAFF RECOMMENDATION: To approve HOME ARP plan.
7.f   West Urban PILOT Agreement 3rd Amendment - Development
      Services

      Staff is requesting to amend the existing infill PILOT agreement between
      the City and West Urban Properties by removing some lots and adding
      others.

      The City has previously entered into an agreement with West Urban
      Properties to construct 100 homes for rental and potential owner-occupied
      stock in our residential neighborhoods. Staff has been working to refine
      the selected lots as stated in commission meetings for previous
      amendments.

      This item proposes to remove 2358 Dowd, 621 Jackson, 608 Jackson,
      601 Jackson, 579 Jackson, 558 Jackson, and 553 Jackson from the
      approved PILOT Agreement, and add 1974 Dowd, 1100 Washington, 432
      Monroe, 1315 Ducey, 1325 Wesley, 1085 Marquette, 1355 Adams, 1366
      Leonard, 912 Hackley, 1056 Windsor, 2347 Hudson, 828 W. Southern,
      900 W. Grand, 462 Washington, 1456 Park, 1514 Park, and 314 Grand.
      Staff may return with additional lots to add and/or remove to this
      agreement exhibit as we clear title and assess buildability through phases.

      STAFF RECOMMENDATION: To approve the 3RD Amendment to the
      West Urban PILOT Agreement as presented, and to authorize the Mayor
      and Clerk to sign.

7.g   Termination of Downtown Muskegon Development Center (DMDC)
      Parking Easement Agreements at 387 and 401 Morris - Manager's
      Office
      Easements were discovered as part of the closing process with the DMDC
      to sell Units 1 and 2, otherwise known as the Morris Avenue Parking Lot,
      to the City. The City and DMDC have since agreed that the Easements
      are no longer needed and are therefore terminated, abandoned, and of no
      further force or effect.

      On June 13, the commission authorized the purchase of DMDC-owned
      parking lots at 387 and 401 Morris Avenue to the City. These are lots



                                    5
      behind the Chamber of Commerce and Russell Block/Century Club
      buildings.

      The Closing on Units 1 & 2 occurred on July 19th. There are two
      exceptions on the title commitment for the parking lot that have to do with
      two Easements granted by the City for the benefit of the old Muskegon
      Mall property. The City entered into two Parking and Access Easement
      Agreements with Muskegon Properties Company, Inc., dated March 26,
      1991. The City and DMDC have since agreed that the Easements are no
      longer needed and are therefore terminated, abandoned, and of no further
      force or effect. Legal counsel has prepared a Mutual Termination of
      Easements that was reviewed and approved by the title company as part
      of the property closing.

      STAFF RECOMMENDATION: To approve terminating two existing
      Parking and Access Easement Agreements for Units 1 and 2 as part of
      the property closing at 387 and 401 Morris St.
7.h   Amendment to the Zoning Ordinance - Fencing - Planning
      This is a staff-initiated request to amend the fencing ordinance to clarify
      the types of fences allowed. This is an effort to improve the quality of
      fences erected throughout the City. The Planning Commission
      unanimously recommended approval of the amendment.

      STAFF RECOMMENDATION: To approve the request to amend the
      fencing ordinance as proposed.
      SECOND READING REQUIRED

7.i   Amendment to the Zoning Ordinance - Residential Design Criteria -
      Planning
      To approve the request to amend the fencing ordinance as proposed.
      Many of the changes are small and for clarification reasons. Some
      requirements were removed because they are requirements already listed
      in the building codes. The removal of storage requirements and house
      widths on small lots are the biggest proposed changes.

      The Planning Commission unanimously recommended approval of the
      amendment.

      STAFF RECOMMENDATION: To approve the request to amend the
      residential design criteria ordinance as proposed.
      SECOND READING REQUIRED

                                     6
7.j   Sale of 180 Houston Avenue - Manager's Office
      Staff is seeking approval of the sale of 180 Houston Avenue.

      In late 2020, the commission approved an agreement with Community
      EnCompass to construct affordable homes. The goals of the agreement
      were to further our economic equity efforts and create diversity of housing
      price points as we build housing infill. The agreement has been amended
      over time, and the project is now part of our ARPA infill housing initiative
      and our scattered site brownfield. We have received a purchase
      agreement on the first home located at 180 Houston Avenue. The offer is
      for $150,000, a full price offer, with no seller concessions.

      STAFF RECOMMENDATION: To approve the purchase agreement for
      180 Houston Avenue.
7.e   Legal Representation for Tax Appeals for Property Tax Classification
      for Marihuana Operations - Finance

      The City of Muskegon is seeking to reach an agreement with Hallahan &
      Associates, P.C. for Marihuana tax appeals at the State Tax Commission
      and Michigan Tax Tribunal.

      Parmenter Law which normally represents the City of Muskegon,
      recommends that we use this law firm because of their expertise in these
      types of tax appeals. This Law Firm has been hired by other
      municipalities across the State to represent them for this unique property
      tax classification appeal. We thought it would be in our best interest to
      use this law firm because they are familiar with tax appeals from the
      Marihuana businesses.

      Fees for service will be calculated at hourly rate of $215 for attorneys and
      an hourly rate of $100 for law clerks and assistants.
      FUND OR ACCOUNT: 101 Legal Fees
      STAFF RECOMMENDATION: To authorize the Finance Director to enter
      into an agreement with Hallahan & Associates, P.C. for Marihuana tax
      appeals.
      Action No. 2023-87(e)

      Motion by: Commissioner Ramsey
      Second by: Commissioner St.Clair




                                    7
             To authorize the Finance Director to enter into an agreement with
             Hallahan & Associates, P.C. for Marihuana tax appeals, not to exceed
             $10,000.
             Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
             St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
             Emory
             ABSTAINED: (1): Commissioner Hood

                                                             MOTION PASSES (6 to 0)


8.    Public Hearings
9.    Unfinished Business
10.   New Business

      10.a   Designation of Voting Delegates for the Michigan Municipal League
             Annual Meeting - City Clerk

             To designate, by action of the Commission, one of our officials who will be
             in attendance at the Convention as an official representative to cast the
             vote of the municipality at the Annual Meeting; and, if possible, to
             designate one other official to serve as an alternate.

             STAFF RECOMMENDATION: To appoint an official representative and
             alternate representative to be in attendance and to cast the vote of the
             municipality at the Annual Business Meeting of the Michigan Municipal
             League Convention.
             Action No. 2023-88(a)

             Motion by: Commissioner Ramsey
             Second by: Vice Mayor German

             To appoint Mayor Ken Johnson as an official representative and City Clerk
             Ann Meisch as alternate representative to be in attendance and to cast the
             vote of the municipality at the Annual Business Meeting of the Michigan
             Municipal League Convention.

             Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
             St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
             Ramsey, and Commissioner Emory




                                           8
                                                             MOTION PASSES (7 to 0)


      10.b City ARPA Community Grant Proposals - Manager's Office

           To review and consider eligible grant proposals, as presented by the
           ARPA Community Grant Review Committee.

           STAFF RECOMMENDATION: To approve the list of eligible grant
           proposals for funding as provided by the City ARPA Community Grant
           program.

           1. I move to withdraw the grant proposal received from Pioneer Resources
           from consideration as part of the slate of recommended projects
           presented to the City Commission, under the City ARPA Community Grant
           Program.

           2. I move to approve the list of eligible grant proposals for funding, under
           the City ARPA Community Grant Program, as presented to the City
           Commission, excluding the application from Pioneer Resources.

           3. I move to approve the City ARPA Community Grant program application
           proposal from Pioneer Resources, pursuant to the completion of required
           conflict of interest
           Action No. 2023-88(b)

           Motion by: Commissioner Ramsey
           Second by: Commissioner St.Clair

           To approve the list of eligible grant proposals for funding, under the City
           ARPA Community Grant Program, as presented to the City Commission,
           excluding the application from Pioneer Resources.


           Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
           St.Clair, Commissioner Hood, Commissioner Ramsey, and Commissioner
           Emory
           Nays: (1): Vice Mayor German

                                                             MOTION PASSES (6 to 1)


11.   Any Other Business
12.   Public Comment on Non-Agenda items

                                          9
      Public comments were received.
13.   Closed Session
14.   Adjournment
      The City Commission meeting adjourned at 7:35 P.M.

      Motion by: Commissioner Ramsey
      Second by: Commissioner Hood

                                                               MOTION PASSES




                                                    _________________________
                                                           Respectfully Submitted,
                                               Ann Marie Meisch, MMC - City Clerk




                                       10
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: 08/22/2023                 Title: Certification of MERS Representatives

Submitted By: Jessica Rabe                          Department: Finance

Brief Summary: Assigning Delegates for MERS Conference

Detailed Summary & Background: The MERS plan document provides that “the governing body for
each municipality shall certify the names of (2) delegates to the Annual Meeting. One delegate
shall be a member who is an officer of the municipality appointed by the governing body of the
municipality. The other delegate shall be a member who is not an officer of the municipality,
elected by the member officer/employees of the municipality.”
The City’s employee units previously agreed to a rotating system (based on date of joining MERS)
to select one official employee representative. This year the official employee representative
attending the MERS conference will be Dave Baker from Non-Union Unit.
The Officer Delegate will be Kenneth D. Grant, Finance Director this year.

Goal/Focus Area/Action Item Addressed: Financial Stability



Amount Requested: $510 plus travel                  Budgeted Item:
                                                    Yes       No        N/A
                                                            x
                                                            x
Fund(s) or Account(s): 677-272-861                  Budget Amendment Needed:
                                                    Yes          No          N/A

Recommended Motion: To approve Kenneth Grant (Finance Director) as designated delegate to
MERS Conference and to make Dave Baker employee representative.



Approvals:                                          Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                              Yes

Other Division Heads                                No

Communication
Legal Review
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  ^]BA4D85ÿ9958                                                                   ^]BA4D85ÿC62Dÿ                           ^]BA4D85ÿ228 ^]BA4D85ÿ76BÿC498
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                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: 08/22/2023                  Title: Munetrix Contract

Submitted By: Kenneth D. Grant                       Department: Finance

Brief Summary: Renewal of the Munetrix Contract for three years

Detailed Summary & Background: Munetrix is software program that is used by the city to fulfill the
State of Michigan’s guideline for transparency and City Village Township Revenue Sharing
reporting requirements. It is also a performance analytical tool that is used by our citizens and
others communities for comparative information.

Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure.



Amount Requested: $6,626 per year for three          Budgeted Item:
years. Total costs $19,878.00                        Yes       No        N/A
                                                             x
                                                             x
Fund(s) or Account(s): 101-202-801                   Budget Amendment Needed:
                                                     Yes          No            N/A

Recommended Motion: To allow the City Finance Director to renew the contract with Munetrix for
three years.



Approvals:                                           Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                               Yes

Other Division Heads                                 No

Communication
Legal Review
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: August 22, 2023               Title: Purchase of Salesforce

Submitted By: Contessa Alexander                       Department: Economic Development

Brief Summary: City staff is requesting the purchase of Salesforce in order to be more sufficient in
collecting data for retention visits and projects, creating reports by using analytics for industries,
commercial corridors and much more.

Detailed Summary & Background:
Salesforce is a cloud-based system, customer relationship management platform that enables
businesses to manage customer data, sales operations, and marketing campaigns. Salesforce
Database generates data for leads, tasks, opportunities, accounts, and notes. It also has the ability
to customize the type and the amount of information the user wishes to store. Salesforce can also
use analytics to create reports and graphics that highlight trends seen in different industries.
As the Economic Development team continues to grow, this tool will be very helpful for staff to
have an idea of the progression of a business throughout the years, issues and challenges they’ve
experienced at previous visits, and understanding the differences and similarities between
businesses in different industries.
City staff and our city attorney has reviewed the master service agreements provided by both
Sales Force and Summit Technologies and are comfortable with moving forward.
The total costs for Salesforce are $8,400. This price includes the following fees:
      $2,400 (annually) Sales & Service Cloud- Professional Edition
      $6,000 (one-time fee) for back end programming by Summit Technologies (3rd party)



Goal/Focus Area/Action Item Addressed:
ECONOMIC DEVELOPMENT, HOUSING, AND BUSINESS

Amount Requested: $8,400                               Budgeted Item:
                                                       Yes          No           N/A

Fund(s) or Account(s): Contracted services,            Budget Amendment Needed:
Planning
                                                       Yes          No           N/A

Recommended Motion: I motion to approve the purchase of Salesforce and authorize the Director
of Development Services to sign the purchase documents.

Approvals:                                             Guest(s) Invited / Presenting:
Immediate Division Head   Yes
Information Technology    No
Other Division Heads
Communication
Legal Review
statement of work agreement


City of Muskegon Development Services

Economic Development Business Review and Expansion (BRE)

 prepared on June 5, 2023                                   expires on July 20, 2023

 prepared for                                               prepared by
 City of Muskegon                                           Summit Technologies
 Jacob Eckholm                                              Daniel Gray




executive summary
Summit Technologies to deliver an Economic Development Solution on the Salesforce platform that will:

    •    Empower the economic development support team to:
    •    process incoming leads
    •    conduct field surveys and BREs




contents

section one                                  statement of work and cost schedule




Confidential       Summit Technologies, LLC 1391 W 5th Ave #349, Columbus, OH 43212 USA 614 859 6543   Page 1
statement of work agreement


section one statement of work and cost schedule
statement of work

Business Review and Expansion (BRE) visits for Salesforce implementation
The Salesforce implementation by Summit Technologies is designed specifically to support the client's economic
development initiatives regarding business review and expansion (BRE) data. This Statement of Work sets forth a
scope and definition of the consulting/professional services, work and/or project (collectively, the “Services”) to
be provided by Summit Technologies.

timeline
     • Project kickoff will occur within 10 business day following signature of the statement of work
     • Implementation will be completed within 6 weeks from project kickoff
     • Included training and "go-live" must occur within 2 weeks following completion of implementation

implementation
Configure Salesforce CRM on a clean (empty) Sales Cloud (or Service Cloud) Enterprise Edition.
     • Discovery/Business Process Review
             o Analyze existing client data sources to identify custom fields and picklist values
             o Review BRE KPI's and other metrics that can be tracked in CRM to measure and manage
                individuals and teams
             o Create shared project workbook to track modifications and customizations
     • Configure users
             o Create users from list provided by client. Assign basic profile, generate passwords
             o Set up access security
             o Create two custom user profiles and configure App, Tab, Field and Record Type access
     • Lightning Home Tab, Custom App
             o Upload client logo, create custom Salesforce App with logo
             o Clean up and customize Home tab with Lightning components based on client needs, including
                custom dashboard
             o Install free Tasks & Events app from App Exchange
     • All Object List View and Record Detail Pages
             o Optimize Lightning page layouts based on client needs
             o Page Layout cleanup: remove unused fields and related lists
             o Create Custom List Views
             o Add custom fields as needed
     • Leads, Accounts and Contacts
             o Edit Industries, Types and Sources picklists
             o For Lead Conversion, Map Fields
     • Create BRE custom objects and relationships
     • Create Data Validation rules
     • Configure duplicate record management rules
     • Create up to 6 custom Reports and with charts, graphs or gauges
     • Create custom dashboard for the Home page




Confidential        Summit Technologies, LLC 1391 W 5th Ave #349, Columbus, OH 43212 USA 614 859 6543       Page 2
statement of work agreement


administrator training for Salesforce, delivered remotely
   • 2 hours of training, tailored to experience level and interests of Customer
   • Topics include User setup, Page Layout editing, Picklist editing, report creation and editing, Data Import
      tools and strategies, Email Templates, Workflow automation and more.
   • Includes custom PowerPoint presentation reference and links to additional relevant free training
      resources available.

user training for Salesforce, delivered remotely
     • 2 hours of training, tailored to experience level and needs of users.
     • Includes Search, Chatter, Activities, Leads, Accounts, Contacts, BREs, List Views and launching reports.
     • Includes custom PowerPoint presentation reference and links to additional relevant free training
        resources available.

go-live & go-live support
     • "Go-Live" date is defined as the official date in which the new solution is ready for users to perform day-
       to-day activities. If the project gets delayed for any reason Summit Technologies will work with the Client
       to make a decision on the best Go-Live date.
     • The initial date will be agreed to by both Summit Technologies and the Customer at project inception. It
       may be altered only by change order agreed to by both parties.
     • Summit Technologies will provide remote resources to support the move to Production effort.
     • Support is limited to up to 2.5 hours over five (5) business days

data conversion & data loading
    • Up to 2 hours of data conversion and data loading are included
    • Additional time can be purchased via a project change order at $225 per hour

interfaces and integrations
      • Interfaces and Integration with other systems are not included
      • Salesforce development time for interfacing and/or integrating with third-party applications or data
        sources can be acquired via project change order at $225 per hour.

project resource rate table
Any required services which are not included in this statement of work will be estimated and agreed upon
through a new agreement or change order. Hourly services rate would apply. The 2023 Summit Technologies rate
table is below. Discounts may apply.
      • Salesforce Consultant $260/hour
      • Salesforce Senior Consultant $280/hour
      • Salesforce Principal Consultant $300/hour
      • Salesforce Developer $300/hour
      • Salesforce Senior Developer $330/hour
      • Salesforce Architect $365/hour
      • Delivery/Project Manager $300/hour
      • Business Analyst $280/hour
      • Product Specialist Developer $300/hour (Conga, Mulesoft, Tableau, DigEPlan, etc.)




Confidential       Summit Technologies, LLC 1391 W 5th Ave #349, Columbus, OH 43212 USA 614 859 6543       Page 3
statement of work agreement

project team
       • Lead Consultant - Certified Salesforce Administrator
       • Delivery Manager

assumptions
Project assumptions are foreseeable events or situations we can expect during the implementation.
     • Scope is based on information provided to date as included in this SOW.
     • Client and Summit Technologies will review their responsibilities before work begins to ensure that
        Services can be satisfactorily completed.
     • Changes or additions to scope or responsibilities requested by the Client will require a Change Order
        even if there are no additional costs associated with the change.
     • Deliverables not specifically described in this document are not the responsibility of Summit
        Technologies and cannot be included in the project schedule without the approval of the Summit
        Technologies project manager. If additional deliverables or tasks are added and approved, these
        changes will require a change order and associated increase in costs.
     • Project Schedule assumes timely completion of tasks assigned to Client and timely Client response to
        Summit Technologies questions and requests for information, availability of key Client resources, and
        collaboration and availability of any third-party vendor resources. Late (expected delivery dates are as
        implied by the mutually agreed project plan) Client deliverables may adversely impact overall
        implementation timeline.
     • With the exception of onsite visits identified in this SOW or as identified in subsequent applicable
        change orders, all work conducted by Summit Technologies will be performed remotely. Client is
        responsible to provision and support required access and any required hardware, if needed.
     • Client will provide technical assistance for access through the Client network firewall(s) if required to
        use the Salesforce Platform or any interfaces implemented by the Summit Technologies team.
     • Client will provide fee schedules that are complete and current for all departments.
     • Client will maintain primary responsibility for the scheduling of Client employees and facilities in
        support of project activities.
     • Client is responsible for proper desktop hardware/software/network preparation in accordance with
        Salesforce specifications on a timely basis to facilitate anticipated go-live.
     • Client is responsible to ensure Client participants have adequate hardware/software to
        successfully participate in online training (i.e., video and audio streaming).
     • Client will commit to the involvement of key resources and subject matter experts for ongoing
        participation in all project activities as defined in this SOW. The importance of Client staff participation
        is imperative to the successful, and timely, implementation of the project deliverables.
     • This SOW includes unit and system testing that covers the expected application functionality and primary
        workflow(s) identified during discovery. Edge case testing, or fringe testing, that assesses how the
        application works when a user goes off script is not included. Fringe testing can include testing out of
        sequence, twisting the expected workflow, or discovering functions the application performs that it was
        not designed for. Should the Client require edge testing and remediation of unexpected results will
        require a Change Order and additional budget hours.




Confidential         Summit Technologies, LLC 1391 W 5th Ave #349, Columbus, OH 43212 USA 614 859 6543      Page 4
statement of work agreement

client responsibilities
In order to successfully execute the services described herein, there are several critical success factors for the
project that must be closely monitored and managed by the stakeholders. These factors are critical in setting
expectations between the Client and Summit Technologies, identifying and monitoring project risks, and
promoting strong project communication. The CHAOS report by the Standish Group lists the following Success
Factors as essential to every project:
    1. User Involvement
    2. Executive Support
    3. Clear Business Objectives
    4. Emotional Maturity
    5. Optimization
    6. Agile Process
    7. Project Management Expertise
    8. Skilled Resources
    9. Execution
    10. Tools and Infrastructure.

Summit Technologies will work with Client to ensure these success factors are observed. From the Client, we will
need:
      • User Involvement and Knowledge Transfer – It is critical that Client personnel participate in the
        deployment of the Salesforce Platform in order for Summit Technologies to transfer knowledge to the
        Client. Once Postproduction assistance tasks are completed by Summit Technologies, the Client assumes
        all day-to-day operations of the system outside of the software support and maintenance provided by
        Salesforce. Generally, Salesforce’s software support and maintenance does not cover any manipulation of
        implemented custom configurations, scripts, reports, interfaces and adaptors. Please familiarize yourself
        with Salesforce’s Support and Maintenance Terms and Conditions for more information on post-
        implementation support. Post go-live, Client has the option to procure one of our Salesforce Managed
        Services plans. Your organization is assigned a single Salesforce certified administrator who is familiar with
        your business and Salesforce implementation. They would have access to numerous additional Summit
        Technologies resources including developers, analysts and automation specialists who will enable your
        consultant to make specific recommendations and optimizations based on your needs. We don’t simply
        maintain your Salesforce; we continuously improve it with customizations based on your feedback and
        the three annual Salesforce releases.
      • Executive Sponsorship and Support – We strongly recommend involvement of a Client Executive Sponsor.
        Management must agree that the project is important, will add value to the business, or solve a pressing
        problem. If management does not see the value of the project, they will be reluctant to support it. If
        management support is missing, the project becomes staved of resources – people and funds. Executive
        sponsorship ensures the project stays on the “important initiatives” list.

user acceptance testing
       • Client is responsible for all User Acceptance Testing activities.
       • Client is responsible for performing User Acceptance Testing, on a timely basis.
       • User testing must be completed within the time frames detailed in the project timeline. Any delays could
         lead to a change order and a corresponding increase in costs to the Client.




Confidential        Summit Technologies, LLC 1391 W 5th Ave #349, Columbus, OH 43212 USA 614 859 6543         Page 5
statement of work agreement

not included
       •   Integration with other applications or data sources
       •   Custom development or code, including Apex, Visualforce, JavaScript or other coded solutions
       •   Installation of apps or components from AppExchange not explicitly mentioned in SOW
       •   The project software licensing requirements for the Salesforce products and any third-party solutions are
           not included in this proposal. All software licenses, associated yearly renewals, and setup services are the
           sole responsibility of the Client. Any missing software licenses for products that are deemed necessary for
           this project may result in additional services scope and will necessitate a Change Order to implement a
           work around

additional services
If additional services are required by Client, Summit Technologies will provide an estimate on the number of
hours required to complete a task. If the estimate is found to be acceptable, the timeline will be mutually
agreed upon by both Summit Technologies and Client. A Change Ordered is processed by mutual agreement
and Summit Technologies will bill the Client for the required hours to accomplish the additional services based
on the ‘Project Resource Rate Table’.

cost schedule
Unless explicitly stated otherwise in the Work Description, this is a fixed hours proposal, and not a fixed bid
proposal. Within this SOW, we are including a good-faith estimate of the number of hours needed to achieve the
deliverables of this project. Many factors may lead to not completing all objectives within the allotted hours. The
Summit Technologies team will conduct appropriate requirements elicitation and work with Client to prioritize a
backlog to ensure highest value work is completed first. Should the Client requirements turn out to be materially
different than what is proposed in this SOW, a scope Change Order will need to be processed by mutual
agreement. Based on similar past project engagements, Summit Technologies is estimating being able to
complete the deliverables of this project within the recommended hours and has priced/quoted this
implementation accordingly.

The pricing described below is exclusive of taxes and expenses. The price is based on the information available
at the time of signing and the assumptions, dependencies and constraints, and roles and responsibilities of the
Parties, as stated in this SOW. Should there be changes to the scope, timeline or resources that increases the
hours or costs needed to complete the project, a Change Order may be required for project continuation.




Confidential          Summit Technologies, LLC 1391 W 5th Ave #349, Columbus, OH 43212 USA 614 859 6543        Page 6
statement of work agreement


Terms: All project activities will be conducted remotely. Payment in full is due upon execution of this agreement

Product Name                                                                                        Qty        Price
Economic Development BRE for Salesforce Implementation                                                1    $6,000.00
                                                                                             Quote Total   $6,000.00

signatures
By signing below and accepting the Master Services Agreement link which documents contractual terms and
conditions, including Definitions, Payment Terms, Confidentiality, Limitation of Liability, Indemnification and Non-
Solicitation provisions, Client understands and acknowledges that both parties accept this Statement of Work
Agreement as presented.

Client agrees to the Summit Technologies, LLC Master Services Agreement:
https://www.summittechnologiesllc.com/master-services-agreement-v8-1

IN WITNESS WHEREOF, this Agreement has been acknowledged, accepted, agreed to, and executed by the parties
hereto through their duly authorized officers on the date(s) set forth below.

ACKNOWLEDGED, ACCEPTED AND AGREED TO:

Summit Technologies, LLC.- “Summit Technologies” City of Muskegon Development Services- “Client”

     Name: Daniel Gray                                           Name:

       Title: Client Advisor                                       Title:

 Signature:                                                  Signature:


      Date: 6/5/2023                                              Date:




Confidential         Summit Technologies, LLC 1391 W 5th Ave #349, Columbus, OH 43212 USA 614 859 6543       Page 7
DocuSign Envelope ID: D5633639-D49C-4BDB-B39D-DF650B78E8ED




                                                 Salesforce, Inc.                                                     ORDER FORM for City of Muskegon MI
                                                 Salesforce Tower                                                            Offer Valid Through: 6/23/2023
                                                 415 Mission Street, 3rd Floor                                                   Proposed by:Jose Quijano
                                                 San Francisco, CA 94105                                                       Quote Number: Q-07230376
                                                 United States




         ORDER FORM


         Address Information
         Bill To:                                                                                          Ship To:
         933 Terrace st                                                                                    933 Terrace st
         Muskegon                                                                                          Muskegon
         MI, 49440                                                                                         MI, 49440




                                              In Process
         US - United States                                                                                US - United States

         Billing Company Name: City of Muskegon MI                                                         Billing Phone: 231-730-9139
         Billing Contact Name: Jake Eckholm                                                                Billing Fax:  
         Billing Email Address: [email protected]                                             Billing Language: English




         Terms and Conditions

         Contract Start Date*: 6/19/2023                                                                Payment Method: Check
         Contract End Date*: 6/18/2024                                                                  Payment Terms: Net 30
         Billing Frequency: Annual                                                                      Billing Method: Email




         Services
                                                                         Order        Order      Order Term         Monthly/
          Services                                                 Start Date*    End Date*       (months)*       Unit Price**   Quantity         Total Price

          Sales & Service Cloud - Professional Edition              6/19/2023      6/18/2024              12     USD 100.00              2     USD 2,400.00

                                                                                                                                         Total: USD 2,400.00



         *If this Order Form is executed and/or returned to Salesforce by Customer after the Order Start Date above, Salesforce may adjust the Order Start
         Date and Order End Date, without increasing the Total Price, based on the date Salesforce activates the products and provided that the total term
         length does not change. Following activation, any adjustments to such Order Start Date and Order End Date may be confirmed by logging into Your
         Account, by reference to an order confirmation sent by Salesforce, and/or by contacting customer support. **The Monthly/Unit Price shown above
         has been rounded to two decimal places for display purposes. As many as eight decimal places may be present in the actual price. The totals for this
         order were calculated using the actual price, rather than the Monthly/Unit Price displayed above, and are the true and binding totals for this order.
         Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice. For
         customers based in the United States, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies)
         governing the "Ship To" location provided by Customer on this Order Form.




                                                                                 1/3
DocuSign Envelope ID: D5633639-D49C-4BDB-B39D-DF650B78E8ED




         Quote Special Terms

                   Any increase in subscription pricing (excluding support and resource-based Services) for the first renewal term will not exceed 5% over
                   the then-current subscription pricing, provided that (a) Customer renews its entire then-current subscription volume under this Order Form
                   combined with any associated add-on Order Forms, and (b) the first renewal term is the same duration as the Order Term of this Order
                   Form or one year (whichever is longer). Thereafter, any increase in subscription and support pricing will be in accordance with SFDC's
                   pricing and policies in effect at the time of the renewal or as otherwise agreed to by the parties. 




         Purchase Order Information


         [xxxxxxxx] No
                                               In Process
         Is a Purchase Order (PO) required for the purchase or payment of the products on this Order Form? (Customer to complete)




         [\porbtn1\]  Yes - Please complete below     


         PO Number: \ponum1\

         PO Amount: \poamt1\




         Upon signature by Customer and submission to Salesforce, this Order Form shall become legally binding unless this Order Form is rejected by
         Salesforce for any of the following reasons: (1) the signatory below does not have the authority to bind Customer to this Order Form, (2) changes
         have been made to this Order Form (other than completion of the purchase order information and the signature block), or (3) the requested purchase
         order information or signature is incomplete or does not match our records or the rest of this Order Form. Subscriptions are non-cancelable before
         their Order End Date. This Order Form is governed by the terms of the Salesforce MSA found at https://www.salesforce.com/company/msa.jsp,
         unless (i) Customer has a written MSA executed by Salesforce for such Services as referenced in the Documentation, in which case such written
         Salesforce MSA will govern or (ii) otherwise set forth herein. Additional information related to the Services may be found in the Documentation at
         https://sfdc.co/ptd. For the avoidance of doubt, the applicable MSA takes precedence over the Documentation.




                                                                                 2/3
DocuSign Envelope ID: D5633639-D49C-4BDB-B39D-DF650B78E8ED




          Customer: City of Muskegon MI



          Signature \s1\

                Jake Eckholm
          Name \n1\


          Business Title \t1\


          Authority Level \ct1\


          Date \d1\




           

                                          In Process
                                    Confidential and proprietary. © Copyright 2000-2022 Salesforce, Inc. All rights reserved.




                                                                              3/3
Certificate Of Completion
Envelope Id: D5633639D49C4BDBB39DDF650B78E8ED                                           Status: Sent
Subject: Q-07230376 from salesforce.com
entityId: aJS3y000001ZQg2GAG
requestType: Proposal
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)                                       [email protected]
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Jake Eckholm                                                                            Sent: 6/29/2023 10:08:57 AM
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                                          In Process
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22, 2023          Title: MDNR Spark Grant Agreement

Submitted By: Kyle Karczewski                     Department: Parks & Recreation

Brief Summary: Staff is requesting approval to execute the attached agreement for the MDNR
Spark Grant for the construction of a new splash pad at Howmet Aerospace (Alocoa) Celebration
Square.



Detailed Summary & Background:
The City of Muskegon has been granted a $250,000 Spark Grant from the MNDR with a City
match amount of $24,000. The City of Muskegon is required to execute the included agreement by
the end of the month to meet funding requirements. The Howmet Aerospace Foundation is also
contributing $50,000 to the project for improvements to the surrounding plaza.



Goal/Focus Area/Action Item Addressed:
Destination Community & Quality of Life / Enhanced Parks and Recreation Department and
Services



Amount Requested: $24,000                         Budgeted Item:
                                                  Yes          No          N/A

Fund(s) or Account(s): 101-771                    Budget Amendment Needed:
                                                  Yes          No          N/A

Recommended Motion: I move approval of the MDNR Spark Grant agreement including the
approving resolution, and authorize the DPW Director to sign.



Approvals:                                        Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                            Yes

Other Division Heads                              No

Communication
Legal Review
                                                 Michigan Department of Natural Resources ±Grants Management
                                 AMERICAN RESCUE PLAN ACT LOCAL PARKS AND TRAILS
                                         MICHIGAN SPARK GRANT AGREEMENT
                                         This information is required by authority of Public Act 53 of 2022 to receive funds.


This Agreement is between City of Muskegon in the county of Muskegon County, hereinafter referred to as the "GRANTEE,"
and the MICHIGAN DEPARTMENT OF NATURAL RESOURCES, an agency of the State of Michigan, hereinafter referred to as
the "DEPARTMENT". The DEPARTMENT has authority to issue grants for the development of public outdoor recreation
facilities under sections 602 and 603 of section 9901 of the Social Security Act of Public Law No. 117-2, known as American
Rescue Plan Act of 2021 (ARPA), signed into law on March 11, 2021 https://home.treasury.gov/policy-
issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal-recovery-funds as the Coronavirus
State and Local Fiscal Recovery Funds (SLFRF). The State of Michigan was awarded $6.54 billion dollars under SLFRF. In
section 452 of Public Act 53 of 2022, the State of Michigan Legislature appropriated funds to the DEPARTMENT for an ARPA
grant to the GRANTEE. The Federal Award ID Number (FAIN) for these funds is FAIN #: SLFRP0127. The Catalog of Federal
Domestic Assistance (CFDA) Number for SLFRF funds is CFDA #: 21.027.

The GRANTEE is identified as a subrecipient to the ARPA funds identified within this agreement. Each eligible subrecipient
must maintain an active SAM registration throughout the period of performance. The SAM website is
https://sam.gov/content/home.
         Project Title:   Muskegon Splashpad Reconstruction

         Total Available Grant Amount:     $250,000.00

         Match Amount:      $24,000.00                  Match Percent: 8%                            Grant Percent: 92%

         Start Date:        4/25/2023                                                   End Date: October 31, 2026

The purpose of this Agreement is to provide funding in exchange for completion of the project named below. This Agreement is
subject to the terms and conditions specified herein. Funds must be obligated by GRANTEE into third party contracts by
December 31, 2024 and expended by October 31, 2026.
The description and purpose of the project is to renovate a defunct splash pad located in downtown Western Market. The project
will enhance accessibility features and ensure long-term functionality of the site.

This Agreement is not effective until the GRANTEE has signed it, returned it to the DEPARTMENT, and the
DEPARTMENT has signed it. The Agreement is considered executed when signed by the DEPARTMENT. Applicable
amendments to this agreement may include adjustments to the grant amount (section 15), eligible expenditures or scope items
(section 9), or project boundary (section 2), or other purposes at the discretion of the DEPARTMENT, and must be initiated by
the DEPARMENT or requested in writing by the GRANTEE. Amendments shall only be validated by the review and execution of
both parties.

The individuals signing below certify by their signatures that they are authorized to sign this Agreement on behalf of their
agencies, and that the parties will fulfill the terms of this Agreement, including any attached appendices, as set forth herein.
GRANTEE                                                                        MICHIGAN DEPARTMENT OF NATURAL RESOURCES
SIGNED:                                                                        SIGNED:
By [Print Name]:                                                               By [Print Name]:
Title:                                                                         Title:
Organization:                                                                  Organization:
Date:                                                                          Date:
                                                                                                     Date of Execution by DEPARTMENT
NVASZGCGV2Z5
Unique Entity Identifier (UEI)                                                                        Phone: 517:284-7268
                                                                                                      Email: [email protected]
CV0047621                            CV004
SIGMA Vendor Number                  SIGMA Address ID



                                                                        1                                                 PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT




1.   This Agreement shall be administered on behalf of the DEPARTMENT by the Grants Management Section within the
     Finance and Operations Division. All notices, reports, documents, requests, actions or other communications required
     between the DEPARTMENT and the GRANTEE shall be submitted through the department’s online grant management
     system, MiGrants, which is accessed through https://migrants.intelligrants.com/, unless otherwise instructed by the
     DEPARTMENT. Primary points of contact pertaining to this agreement shall be:

        GRANTEE CONTACT                                                    DEPARTMENT CONTACT

                                                                           Alex Galloway
        Name/Title                                                         Name/Title

        City of Muskegon                                                   Grants Management/DNR Finance & Operations
        Organization                                                       Organization

        P.O. Box 536, 933 Terrace Street                                   525 W. Allegan Street, Lansing, MI 48933
        Address                                                            Address

        Muskegon, Michigan, 49443                                          P.O. Box 30425, Lansing, MI 48909
        Address                                                            Address

                                                                           (517) 242-3007
        Telephone Number                                                   Telephone Number

                                                                           [email protected]
        E-mail Address                                                     E-mail Address



2.   The legal description of the project area, boundary map of the project area, and the development grant application bearing
     the number ARPA-0309 must be uploaded to MiGrants. The Agreement together with the referenced documents in
     MiGrants and Appendices constitute the entire Agreement between the parties and may be modified only in writing and
     executed in the same manner as the Agreement is executed.
3.   Grant funds are made available to the GRANTEE through a grant by the DEPARTMENT.

4.   The budget period and time period allowed for project completion is from the date Agreement executed by the
     DEPARTMENT through October 31, 2026, hereinafter referred to as the “project period.”

5.   The words "project area" shall mean the land and area described in the uploaded legal description and boundary map
     already referenced as being a part of the project file.

6.   The award permits the use of SLFRF to cover indirect costs. If a recipient has a current Negotiated Indirect Costs Rate
     Agreement (NICRA) established with a Federal cognizant agency responsible for reviewing, negotiating, and approving
     cost allocation plans or indirect cost proposals, then the recipient may use its current NICRA. Alternatively, if the recipient
     does not have a NICRA, the recipient may elect to use the de minimis rate of 10 percent of the modified total direct costs
     pursuant to 2 CFR 200.414(f).

7.   The award permits the use of SLFRF to cover administrative costs; 5% of the grant award amount is allowable to be
     administrative costs, which are required to be reported on as project expenditures. The administrative costs are considered
     a project-specific expenditure.

8.   The award is not for Research and Development.


9.   The Eligible SLFRF expenditures under this project include:
                                                                 2                                          PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT

           a. Budget Categories
              i. Construction

           b. Project Scope
              i. Splash Park

                  Splash Park




10. Use of Funds Restrictions:

      a.    First, a recipient may not use SLFRF funds for a program, service, or capital expenditure that includes a term or
            condition that undermines efforts to stop the spread of COVID-19. A program or service that imposes conditions on
            participation or acceptance of the service that would undermine efforts to stop the spread of COVID-19 or
            discourage compliance with recommendations and guidelines in CDC guidance for stopping the spread of COVID-
            19 is not a permissible use of SLFRF funds.

      b.    Second, a recipient may not use SLFRF funds in violation of the conflict-of-interest requirements contained in the
            Award Terms and Conditions or the Office of Management and Budget’s Uniform Guidance, including any self-
            dealing or violation of ethics rules. Recipients are required to establish policies and procedures to manage potential
            conflicts of interest.

      c.    Lastly, recipients should also be cognizant that federal, state, and local laws and regulations, outside of SLFRF
            program requirements, may apply. Furthermore, recipients are also required to comply with other federal, state, and
            local background laws, including environmental laws and federal civil rights and nondiscrimination requirements,
            which include prohibitions on discrimination on the basis of race, color, national origin, sex, (including sexual
            orientation and gender identity), religion, disability, or age, or familial status (having children under the age of 18).
11. Any funds received under the authorizing legislation for this program expended by the recipient in a manner that does not
    adhere to the American Rescue Plan Public Law 117-2 or Uniform Guidance 2 CFR 200, as applicable, shall be returned to
    the state. If it is determined by the DEPARTMENT that a recipient receiving funds under this act expends any funds under
    this act for a purpose that is not consistent with the requirements of the American Rescue Plan Public Law 117-2 or
    Uniform Guidance 2 CFR 200, the state budget director is authorized to withhold payment of state funds, in part or in
    whole, payable from any state appropriation. All subawards are subject to future audits and eligible applicants must allow
    the State of Michigan, any of its duly authorized representatives and/or State of Michigan’s Office of the Auditor General
    access to the eligible applicant’s records and financial statements to ensure compliance with Federal statutes, regulations,
    and the terms and conditions of the grant award.

12. US Treasury identified 83 unique expenditure requirements and each SLFRF project must be aligned to one expenditure
    category. For this project, the applicable expenditure category identified by the DEPARTMENT is: EC 2.22 Strong Healthy
    Communities: Neighborhood Features that Promote Health and Safety. All expenditures must fit within the expenditure
    category above and be tracked accordingly.

13. The U.S. Department of Treasury has indicated in the Coronavirus State and Local Fiscal Recovery Fund Frequently Asked
    Questions that are accessible at U.S. Department of Treasury State and Local Fiscal Recovery Funds, located at
    https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf, that the SLFRF awards are generally subject to the
    requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
    Awards, 2 CRF Part 200 (the “Uniform Guidance”). All reimbursements requested under this program should be accounted
    for with supporting documentation. Recipients shall maintain documentation evidencing that the funds were expended in
    accordance with federal, state, and local regulations. In accordance with federal Uniform Guidance, funds received under
    this program shall be included on the eligible applicant’s Schedule of Expenditures of Federal Awards (SEFA) and included
    within the scope of the eligible applicant’s Single Audit. The following is a summary of Uniform Guidance provisions that
    have been identified as significant. Applicants must review the eCFR Uniform Guidance at https://www.ecfr.gov/cgi-bin/text-
    idx?SID=6214841a79953f26c5c230d72d6b70a1&tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl for complete requirements.
14. The SLFRF awards are generally subject to the requirements set forth in the Uniform Administrative Requirements, Cost
    Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 (Uniform Guidance). In all instances, recipients
    shall review the Uniform Guidance requirements applicable to recipient’s use of SLFRF funds, and SLFRF-funded projects.
    The following sections provide a general summary of recipient’s compliance responsibilities under applicable statutes and
    regulations, including the Uniform Guidance, as described in the 2022 OMB Compliance Supplement Part 3. Compliance
    Requirements (issued April 2, 2022).
                                                                3                                           PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT

15. The DEPARTMENT will:

     a.   Grant to the GRANTEE a sum of money equal to $250,000.00, which is the total eligible cost of the project including
          items identified in section 9, but in any event not to exceed $250,000.00, which is the total amount obligated by this
          action.

     b.   Grant these funds in the form of advance requests to the GRANTEE for eligible future costs and expenses incurred
          as follows:

          i.     GRANTEE may request up to fifty percent (50%) of the approved grant amount as an advance prior to
                 incurring costs of the eligible expenses incurred by the GRANTEE up to ninety percent (90%) of the maximum
                 reimbursement allowable under the grant. Advance amount request must be reasonable and necessary for the
                 success of the project and only include what will be spent in the current fiscal year. The entire advance amount
                 must be earned and documented on a reimbursement request before additional payments will be made to the
                 GRANTEE. Once an advance is fully earned, an additional advance may be requested.
          ii.    Advance requests must be submitted in writing. A justification for the advance amount requested is required
                 and only include what will be spent in the current fiscal year. Advances may be approved at a lower amount
                 than requested or denied.

          iii.   Additional advances will be made only upon DEPARTMENT review and approval of documentation submitted
                 by the GRANTEE which includes an expenditure list supported by documentation as required by the
                 DEPARTMENT, including but not limited to copies of invoices, cancelled checks, electronic fund transfers
                 and/or other items identified and provided by the GRANTEE.

          iv.    GRANTEE shall maintain and make available to the State of Michigan and/or the U.S. Department of
                 Treasury, Office of Inspector General, upon request, all documents and financial records sufficient to establish
                 compliance with subsection 601(d) of the Social Security Act as amended, (42 U.S.C. 801(d)). Records shall
                 be maintained for a period of five (5) years after final payment is made using SLFRF monies. These record
                 retention requirements are applicable to prime recipients and their grantees and subgrant recipients. Records
                 to support compliance with subsection 601(d) may include, but are not limited to, copies of the following:
                    ‡ general ledger and subsidiary ledgers used to account for (a) the receipt of SLFRF payments and (b)
                        the disbursements from such payments to meet eligible expenses related to the COVID-19 public health
                        emergency or its negative economic impacts;
                    ‡ budget records;
                    ‡ payroll, time records, human resource records to support costs incurred for payroll expenses related to
                        addressing the COVID-19 public health emergency or its negative economic impacts;
                    ‡ contracts and subcontracts entered into using SLFRF payments and all documents related to such
                        contracts;
                    ‡ grant agreements and grant subaward agreements entered into using SLFRF payments and all
                        documents related to such awards;
                    ‡ all documentation of reports, audits, and other monitoring of contractors, including subcontractors, and
                        grant recipients and subrecipients;
                    ‡ all documentation supporting the performance outcomes of contracts, subcontracts, grant awards, and
                        grant recipient subawards;
                    ‡ all internal and external email/electronic communications related to use of SLFRF payments; and
                    ‡ all investigative files and inquiry reports involving SLFRF payments.

          v.     The DEPARTMENT may conduct an audit of the project’s financial records upon approval of the final request
                 by DEPARTMENT financial staff. The DEPARTMENT may issue an audit report with no deductions or may
                 find some costs ineligible for reimbursement.
          vi.    Adhere to Single Audit requirements that state recipients and subrecipients that expend more than $750,000 in
                 Federal awards during the GRANTEE’s fiscal year will be subject to an audit under the Single Audit Act and its
                 implementing regulation at 2 CFR Part 200, Subpart F regarding audit requirements. Recipients and their
                 subrecipients may also refer to the Office of Management and Budget (OMB) Compliance Supplements for
                 audits of federal funds and related guidance and the Federal Audit Clearinghouse to see examples and single
                 audit submissions.

          vii. Adhere to Auditee Responsibilities outlined in 2 CFR 200.508. The auditee must:
                 ‡ procure or otherwise arrange for the audit, if required;
                 ‡ prepare appropriate financial statements, including the schedule of expenditures of Federal awards;

                                                               4                                         PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT

                    ‡    promptly follow up and take corrective action of the audit findings;
                    ‡    provide the auditor with access to personnel, accounts, books, records, supporting documentation, and
                         other information as needed for the auditor to perform the audit.
            viii. Final payment will be released pending satisfactory project completion as determined by the DEPARTMENT
                  and completion of a satisfactory audit.
16. The GRANTEE will:

      a.   Adhere to all additional provisions which are included in this agreement regarding the SLFRF. Payments from the
           SLFRF may only be used to cover expenses that are responding to the public health and negative economic
           impacts of the pandemic (which includes several sub-categories).

           Usage of these funds must comply with the federal requirements of the SLFRF. The purpose of Michigan Spark
           Grants is to modernize local parks and develop new local public recreation opportunities. Scope of work shall
           include the development, renovation, or redevelopment of public recreation facilities, and the provision of recreation-
           focused equipment and programs at public recreation spaces. Awarded grants must align with EC 2.22 Strong
           Healthy Communities: Neighborhood Features that Promote Health and Safety and community projects with the
           overall intent to promote and enhance public recreation, equity, tourism, and economic development and recovery
           from the COVID-19 pandemic.

           GRANTEE will be expected to coordinate, not to supplant, funding with other partners, Agency local office, and
           other SLFRF funding.

           SLFRF can fund expenses and services accrued during the pandemic; however, the cost incurred to address the
           eligible uses of SLFRF must have occurred after October 1, 2022, see section b below. Funds must be obligated
           by GRANTEE into third party contracts by December 31, 2024 and expended by October 31, 2026.

           SLFRF is federal funding and, as such, funds from this project cannot be used to pay expenses that will be or have
           been reimbursed by another federal program.

           Treasury’s Final Rule also provides more information on important restrictions on use of SLFRF award funds:
           i.     Recipients may not deposit SLFRF funds into a pension fund;

           ii.    Recipients may not use SLFRF funds as non-Federal match where prohibited;

           iii.   In addition, the Final Rule clarifies certain uses of SLFRF funds outside the scope of eligible uses, including
                  that recipients generally may not use SLFRF funds directly to service debt, satisfy a judgment or settlement, or
                  contribute to a “rainy day” fund. Recipients should refer to Treasury’s Final Rule for more information on these
                  restrictions.

     b.    Pre-award eligible expenditures are allowed in the areas of administration, planning, design and engineering if they
           are directly related to the project and were incurred after October 1, 2022.
     c.    Complete construction of the project facilities to the satisfaction of the DEPARTMENT including but not limited to
           the following:

           i.     Competitively bid, following 16.c.v, and then retain the services of a professional architect, landscape
                  architect, or engineer, registered in the State of Michigan to serve as the GRANTEE’S Prime Professional.
                  The Prime Professional shall prepare the plans, specifications and bid documents for the project and oversee
                  project construction.

           ii.    Within 180 days of execution of this Agreement, and before soliciting bids or quotes or incurring costs other
                  than costs associated with the development of plans, specifications, or bid documents, provide the
                  DEPARTMENT with plans, specifications, and bid documents for the project facilities, sealed by the
                  GRANTEE’S Prime Professional.

           iii.   Upon DEPARTMENT approval of plans, specifications and bid documents, openly advertise and seek written
                  bids for contracts for purchases or services with a value equal to or greater than $50,000 and accept the
                  lowest qualified bid as determined by the GRANTEE’S Prime Professional.

           iv.    Upon DEPARTMENT approval of plans, specifications and bid documents, solicit three (3) written quotes for
                  contracts for purchases or services between $5,000 and $50,000 and accept the lowest qualified bid as

                                                                5                                         PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT

                determined by the GRANTEE’S Prime Professional.
         v.     Maintain detailed written records of the contracting processes used and submit these records to the
                DEPARTMENT upon request.

         vi.    Complete construction to all applicable local, state and federal codes, as amended; including but not limited to
                the federal Americans with Disabilities Act (ADA) of 2010, as amended; the Persons with Disabilities Civil
                Rights Act, Act 220 of 1976, as amended; the Playground Equipment Safety Act, P.A. 16 of 1997, as
                amended; the Utilization of Public Facilities by Physically Limited Act, P.A. 1 of 1966, as amended; the Elliott-
                Larsen Civil Rights Act, Act 453 of 1976, as amended; and the 2013 Access Board’s Final Guidelines for
                Outdoor Developed Areas.
         vii.   Comply with legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.
                Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do
                not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including
                limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in
                accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352,
                42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the
                Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C.
                794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's
                implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101
                et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement
                responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from recipients
                to ascertain their compliance with the applicable requirements before and after providing financial assistance.
                Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations,
                Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection
                of data and information from recipients (see 28 CFR 42.406). Treasury may request that recipients submit data
                for post-award compliance reviews, including information such as a narrative describing their Title VI
                compliance status.

         viii. Correct any deficiencies discovered at the final inspection within 90 days of written notification by the
               DEPARTMENT. These corrections shall be made at the GRANTEE’S expense and are eligible for
               reimbursement at the discretion of the DEPARTMENT and only to the degree that the GRANTEE’S prior
               expenditures made toward completion of the project are less than the grant amount allowed under this
               Agreement.

         ix.    Comply with the Davis–Bacon Act, as amended (40 U.S.C. 3141–3148). When required by Federal program
                legislation, all prime construction contracts in excess of $2,000 awarded by non–Federal entities must include a
                provision for compliance with the Davis–Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented
                by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts
                Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be
                required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
                wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages
                not less than once a week. The non–Federal entity must place a copy of the current prevailing wage
                determination issued by the Department of Labor in each solicitation. The decision to award a contract or
                subcontract must be conditioned upon the acceptance of the wage determination. The non–Federal entity must
                report all suspected or reported violations to the Federal awarding agency. The contracts must also include a
                provision for compliance with the Copeland “Anti–Kickback” Act (40 U.S.C. 3145), as supplemented by
                Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public
                Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each
                contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the
                construction, completion, or repair of public work, to give up any part of the compensation to which he or she is
                otherwise entitled. The non–Federal entity must report all suspected or reported violations to the Federal
                awarding agency.
         x.     Comply with Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, all
                contracts awarded by the non–Federal entity in excess of $100,000 that involve the employment of mechanics
                or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
                Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be
                required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40
                hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a
                rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
                work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer

                                                               6                                           PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT

                 or mechanic must be required to work in surroundings or under working conditions which are unsanitary,
                 hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles
                 ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
       d.   Operate the project facilities for a minimum of twenty-years, to regulate the use thereof to the satisfaction of the
            DEPARTMENT, and to appropriate such monies and/or provide such services as shall be necessary to provide such
            adequate maintenance.
       e.   Provide to the DEPARTMENT upon request, a complete tariff schedule containing all charges to be assessed
            against the public utilizing the project area and/or any of the facilities constructed thereon, and to provide to the
            DEPARTMENT for approval, all amendments thereto before the effective date of such amendments. Membership
            or annual permit systems are prohibited, except to the extent that differences in admission and other fees may be
            instituted based on residence. Nonresident fees shall not exceed twice that charged residents. If no resident fees
            are charged, nonresident fees may not exceed the rate charged residents at other comparable state and local public
            recreation facilities.

       f.   Adopt ordinances and/or resolutions necessary to effectuate the provisions of this Agreement; certified copies of all
            ordinances and/or resolutions adopted for these purposes shall be forwarded to the DEPARTMENT before the
            effective date thereof.

       g.   Maintain the premises in such condition as to comply with all federal, state, and local laws which may be applicable
            and to make any and all payments required for all taxes, fees, or assessments legally imposed against the project
            area.

       h.   Should the GRANTEE convey any portion of the awarded funding to a subrecipient in a pass-through manner,
            GRANTEE must ensure that all requirements outlined in this Agreement are adhered to. Every subaward is to be
            clearly outlined in a secondary agreement between the GRANTEE and the subrecipient which includes the
            minimum information identified in Appendix A at the time of the subaward and if any of the project elements change,
            include the changes in subsequent subaward modification. If any of this required information is not available at the
            time of the subaward, the subrecipient must provide the best information available to describe the Federal award
            and subaward.
17.   With this project having match, the GRANTEE will:

       a.   Immediately make available all funds required to complete the project and to provide $24,000.00 in local match.
            This sum represents 8% of the total eligible cost of construction including engineering costs. Any cost overruns
            incurred to complete the project facilities called for by this Agreement shall be the sole responsibility of the
            GRANTEE.

18.   Only eligible costs and expenses incurred toward completion of the project facilities during the project period shall be
      considered under the terms of this Agreement. Any costs and expenses incurred after the project period shall be the sole
      responsibility of the GRANTEE.

19.   All recipients of federal funds must complete financial, performance, and compliance reporting as required and outlined in
      the compliance and reporting guidance. Expenditures may be reported on a cash or accrual basis, as long as the
      methodology is disclosed and consistently applied. Reporting must be consistent with the definition of expenditures
      pursuant to 2 CFR 200.1. Recipients shall appropriately maintain accounting records for compiling and reporting accurate,
      compliant financial data, in accordance with appropriate accounting standards and principles. In addition, where
      appropriate, recipient must establish controls to ensure completion and timely submission of all mandatory performance
      and/or compliance reporting. See Part 2 of this guidance for a full overview of recipient reporting responsibilities. There are
      two types of reporting requirements that subrecipients must report against each quarter – project and expenditure
      requirements and programmatic data requirements. The DEPARTMENT contact will provide additional details on the
      specific requirements including a detailed reporting plan and template based on the reporting requirements specific to your
      program and the expenditure category. SLFRF expenditure categories also determine the reporting requirements for the
      programmatic data report. This information and associated templates will be communicated to you in the reporting plan
      which will inform the programmatic data requirements.

20. To be eligible for funding, the GRANTEE shall comply with DEPARTMENT requirements. At a minimum, the GRANTEE
    shall:

      a.    Submit a project and expenditure report every 90 days during the project period.



                                                                 7                                          PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT

                    Reporting Period                                           Report Due Date
                    Any allowable pre-award costs after October 1, 2022        March 25, 2023
                    Project Execution – March 15, 2023                         March 25, 2023
                    March 16, 2023 – June 15, 2023                             June 25, 2023
                    June 16, 2023 – September 15, 2023                         September 25, 2023
                    September 16, 2023 – December 15, 2023                     December 25, 2023
                    December 16, 2023 – March 15, 2024                         March 25, 2024
                    March 16, 2024 – June 15, 2024                             June 25, 2024
                    June 16, 2024 – September 15, 2024                         September 25, 2024
                    September 16, 2024 – December 15, 2024                     December 25, 2024
                    December 16, 2024 – March 15, 2025                         March 25, 2025
                    March 16, 2025 – June 15, 2025                             June 25, 2025
                    June 16, 2025 – September 15, 2025                         September 25, 2025
                    September 16, 2025 – December 15, 2025                     December 25, 2025
                    December 16, 2025 – March 15, 2026                         March 25, 2026
                    March 16, 2026 – June 15, 2026                             June 25, 2026
                    June 16, 2026 – September 15, 2026                         September 25, 2026
                    September 16, 2026 – October 1, 2026                       October 31, 2026


        b.    Submit a complete request for final reimbursement including final reporting documents, within 90 days of project
              completion and no later than October 31, 2026. If the GRANTEE fails to submit a complete final request for
              reimbursement by this date, the DEPARTMENT may audit the project costs and expenses and make final payment
              based on documentation on file as of that date or may terminate this Agreement and require full repayment of grant
              funds by the GRANTEE.

        c.    All funds that have not been obligated by GRANTEE into third party contracts by December 31, 2024 must be
              returned to the State of Michigan by April 1, 2025.


21. During the project period, the GRANTEE shall obtain prior written authorization from the DEPARTMENT before adding,
    deleting or making a significant change to any eligible uses of funding as identified in section 9. Approval of changes is
    solely at the discretion of the DEPARTMENT. Furthermore, following project completion and within the twenty-year useful
    life period, the GRANTEE shall obtain prior written authorization from the DEPARTMENT before implementing a change
    that significantly alters the project facilities as constructed and/or the project area, including but not limited to discontinuing
    use of a project facility or making a significant change from the current recreational use of the project area.

22. All project facilities constructed or purchased by the GRANTEE under this Agreement shall be placed and used at the
    project area and solely for the purposes specified in the application and this Agreement.

23. The project area and all facilities provided thereon and the land and water access ways to the project facilities shall be
    open to the general public at all times on equal and reasonable terms. No individual shall be denied ingress or egress
    thereto or the use thereof because of religion, race, color, national origin, age, sex, sexual orientation, height, weight,
    marital status, partisan considerations, or a disability or genetic information.
24. Unless an exemption has been authorized by the DEPARTMENT pursuant to this Section, the GRANTEE hereby
    represents that it possesses fee simple title, free of all liens and encumbrances, to the project area. The fee simple title
    acquired shall not be subject to: (a) any possibility of reversion or right of entry for condition broken or any other executory
    limitation which may result in defeasance of title or (b) to any reservation or prior conveyance of coal, oil, gas, sand,
    gravel or other mineral interests.

25. The GRANTEE shall not allow any encumbrance, lien, security interest, mortgage or any evidence of indebtedness to

                                                                  8                                           PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT

     attach to or be perfected against the project area or project facilities included in this Agreement within the twenty-year
     useful life period.

26. None of the project area nor any of the project facilities constructed under this Agreement shall be wholly or partially
    conveyed during the twenty-year useful life period, either in fee or otherwise or leased for a term of years or for any other
    period, nor shall there be any whole or partial transfer of the lease title, ownership, or right of maintenance or control by
    the GRANTEE except with the written approval and consent of the DEPARTMENT.

27. The assistance provided to the GRANTEE as a result of this Agreement is intended to have a lasting effect on the supply
    of outdoor recreation, scenic beauty sites, and recreation facilities beyond the financial contribution alone and commits the
    project area within the twenty-year useful life period to Michigan’s outdoor recreation estate, therefore:
     a.   The GRANTEE agrees that the project area or any portion thereof will not be converted to other than public outdoor
          recreation use without prior written approval by the DEPARTMENT and implementation of mitigation approved by
          the DEPARTMENT, including, but not limited to, replacement with land of equal of greater recreational usefulness
          and market value.
     b.   Approval of a conversion shall be at the sole discretion of the DEPARTMENT.

     c.   Before completion of the project, the GRANTEE and the DEPARTMENT may mutually agree to alter the project
          area through an amendment to this Agreement to provide the most satisfactory public outdoor recreation area.

28. Should title to the project area or any portion thereof be acquired from the GRANTEE by any other entity through exercise
    of the power of eminent domain within the twenty-year useful life period, the GRANTEE agrees that the proceeds awarded
    to the GRANTEE shall be used to replace the lands and project facilities affected with outdoor recreation lands and project
    facilities of at least equal or greater market value, and of equal of greater usefulness and locality. The DEPARTMENT
    shall approve such replacement only upon such conditions as it deems necessary to assure the substitution of GRANTEE
    of other outdoor recreation properties and project facilities of at least equal or greater market value and of equal or greater
    usefulness and location. Such replacement shall be subject to all the provisions of this Agreement.
29. The GRANTEE acknowledges that:

     a.   The GRANTEE has examined the project area and that it has found the property to be safe for public use or that
          action will be taken by the GRANTEE as part of the project to assure safe use of the property by the public, and
     b.   The GRANTEE is solely responsible for development, operation, and maintenance of the project area and project
          facilities, and that responsibility for actions taken to develop, operate, or maintain the property is solely that of the
          GRANTEE, and

     c.   The DEPARTMENT'S involvement in the premises is limited solely to the making of a grant to assist the GRANTEE
          in developing the project site.

30. The GRANTEE assures the DEPARTMENT that the proposed State-assisted action will not have a negative effect on the
    environment and, therefore, an Environmental Impact Statement is not required.
31. The GRANTEE hereby acknowledges that this Agreement does not require the State of Michigan or the federal government
    to issue any permit required by law to construct the outdoor recreational project that is the subject of this Agreement. Such
    permits include, but are not limited to, permits to fill or otherwise occupy a floodplain, and permits required under Parts 301
    and 303 of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended. It is
    the sole responsibility of the GRANTEE to determine what permits are required for the project, secure the needed permits,
    and remain in compliance with such permits.

32. Before the DEPARTMENT will approve plans, specifications, or bid documents; or give approval to the GRANTEE to
    advertise, seek quotes, or incur costs for this project, the GRANTEE must provide documentation to the DEPARTMENT
    that indicates either:

     a.   It is reasonable for the GRANTEE to conclude, based on the advice of an environmental consultant, as appropriate,
          that no portion of the project area is a facility as defined in Part 201 of the Michigan Natural Resources and
          Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended; or

     b.   If any portion of the project area is a facility, documentation that Department of Environment, Great Lakes and
          Energy-approved response actions have been or will be taken to make the site safe for its intended use within the
          project period prior to public use of the property, and that implementation and long-term maintenance of response
          actions will not hinder public outdoor recreation use and/or the resource protection values of the project area.

                                                                  9                                           PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT

33. If the DEPARTMENT determines that, based on contamination, the project area will not be made safe for the planned
    recreation use within the project period, or another date established by the DEPARTMENT in writing, or if the
    DEPARTMENT determines that the presence of contamination will reduce the overall usefulness of the property for public
    recreation and resource protection, the grant may be cancelled by the DEPARTMENT with no reimbursement made to the
    GRANTEE.

34. The GRANTEE shall acquire and maintain, or cause to be acquired or maintained, insurance which will protect the
    GRANTEE from claims which may arise out of or result from the GRANTEE’S operations under this Agreement, whether
    performed by the GRANTEE, a subcontractor or anyone directly or indirectly employed by the GRANTEE, or anyone for
    whose acts any of them may be liable. Such insurance shall be with companies authorized to do business in the State of
    Michigan in such amounts and against such risks as are ordinarily carried by similar entities, including but not limited to
    public liability insurance, worker’s compensation insurance or a program of self-insurance complying with the
    requirements of Michigan law. The GRANTEE shall provide evidence of such insurance to the DEPARTMENT at its
    request.
35. Nothing in this Agreement shall be construed to impose any obligation upon the DEPARTMENT to operate, maintain or
    provide funding for the operation and/or maintenance of any recreational facilities in the project area.

36. The GRANTEE hereby represents that it will defend any suit brought against either party which involves title, ownership,
    or specific rights, including appurtenant riparian rights, of any lands connected with or affected by this project.

37. The GRANTEE is responsible for the use and occupancy of the premises, the project area, and the facilities thereon. The
    GRANTEE is responsible for the safety of all individuals who are invitees or licensees of the premises. The GRANTEE will
    defend all claims resulting from the use and occupancy of the premises, the project area, and the facilities thereon. The
    DEPARTMENT is not responsible for the use and occupancy of the premises, the project area, and the facilities thereon.

38. Failure by the GRANTEE to comply any of the provisions of this Agreement shall constitute a material breach of this
    Agreement.
39. Upon breach of the Agreement by the GRANTEE, the DEPARTMENT, in addition to any other remedy provided by law,
    may:

      a.   Terminate this Agreement; and/or

      b.   Withhold and/or cancel future payments to the GRANTEE on any or all current recreation grant projects until the
           violation is resolved to the satisfaction of the DEPARTMENT; and/or

      c.   Require the GRANTEE to pay penalties or perform other acts of mitigation or compensation as directed by the
           DEPARTMENT; and/or

      d.   Require repayment of grant funds paid to GRANTEE; and/or

      e.   Require specific performance of the Agreement.

40. This Agreement may be canceled by the DEPARTMENT, upon 30 days written notice, due to Executive Order, budgetary
    reduction, other lack of funding, upon request by the GRANTEE, or upon mutual agreement by the DEPARTMENT and
    GRANTEE. The DEPARTMENT shall honor requests for just and equitable compensation to the GRANTEE for all
    satisfactory and eligible work completed under this Agreement up until 30 days after written notice, upon which time all
    outstanding reports and documents are due to the DEPARTMENT and the DEPARTMENT will no longer be liable to pay
    the GRANTEE for any further charges to the grant.

41. The GRANTEE agrees that the benefit to be derived by the State of Michigan from the full compliance by the GRANTEE
    with the terms of this Agreement is the preservation, protection and net increase in the quality of public recreation facilities
    and resources which are available to the people of the State and of the United States and such benefit exceeds to an
    immeasurable and unascertainable extent the amount of money furnished by the State of Michigan by way of assistance
    under the terms of this Agreement. The GRANTEE agrees that after final reimbursement has been made to the
    GRANTEE, repayment by the GRANTEE of grant funds received would be inadequate compensation to the State for any
    breach of this Agreement. The GRANTEE further agrees therefore, that the appropriate remedy in the event of a breach
    by the GRANTEE of this Agreement after final reimbursement has been made shall be the specific performance of this
    Agreement.

42.   The GRANTEE shall return all grant money if the project area or project facilities are not constructed, operated or used in
      accordance with this Agreement.

                                                                10                                          PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT

43.   The GRANTEE agrees that any funds received under this grant and expended in a manner that does not comply with the
      American Rescue Plan Act (Public Law 117-2) and the regulations and guidance promulgated thereunder the Uniform
      Guidance (2 CFR 200), Michigan state law and regulations, and/or the terms and conditions of this award, as applicable,
      shall be returned to the State of Michigan. Should any grant funds that are provided by the State of Michigan under this
      agreement found to be based on incomplete, inaccurate, nonqualifying, or fraudulent information, in whole or in part, all
      grant funds provided to the recipient shall be returned to the State of Michigan. SLFRFs provided by the State of Michigan
      must adhere to the US Department of Treasury’s Interim and Final Rule, and such other federal regulations and federal
      guidance as may be issued regarding use of funds, eligible expenditures and proper grant administration. In accordance
      with the Uniform Guidance (including but not limited to, sections §200.332 and §§200.339-200.343), the State of Michigan
      reserves the right to monitor the recipient and take such corrective action for noncompliance as it deems necessary and
      appropriate, including but not limited to, termination of the grant agreement and return of funds previously provided to the
      recipient. Any amounts subject to recovery must be repaid within 120 calendar days of receipt of any notice of
      recoupment.

44.   The GRANTEE will take reasonable measures to safeguard protected personally identifiable information and other
      information the US Department of Treasury or State of Michigan designates as sensitive or the recipient considers
      sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over
      confidentiality in accordance with the Uniform Guidance (including but not limited to, sections §200.303 and §200.338)
      and the Privacy Act of 1974 (5 U.S.C. § 552a).

45.   The GRANTEE agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure,
      terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of
      religion, race, color, national origin, age, sex, sexual orientation, height, weight, marital status, partisan considerations, or
      a disability or genetic information that is unrelated to the person's ability to perform the duties of a particular job or
      position. The GRANTEE further agrees that any subcontract shall contain non-discrimination provisions which are not less
      stringent than this provision and binding upon any and all subcontractors. A breach of this covenant shall be regarded as
      a material breach of this Agreement.
46.   The DEPARTMENT shall terminate this Agreement and recover grant funds paid if the GRANTEE or any subcontractor,
      manufacturer, or supplier of the GRANTEE appears in the register compiled by the Michigan Department of Licensing
      and Regulatory Affairs pursuant to Public Act No. 278 of 1980.

47.   The GRANTEE may not assign or transfer any interest in this Agreement without prior written authorization of the
      DEPARTMENT.

48.   The rights of the DEPARTMENT under this Agreement shall continue through and until the expiration of the twenty-year
      useful life period.




If this Agreement is approved by Resolution, a true copy must be attached to this Agreement. A sample Resolution is attached.




                                                                 11                                           PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT


                                                    SAMPLE RESOLUTION
                                                       (Development)

Upon motion made by ______________________________, seconded by ________________________, the following
Resolution was adopted:

“RESOLVED, that _____________________________, Michigan, does hereby accept the terms of the Agreement as received
from the Michigan Department of Natural Resources, and that the ______________________________ does hereby
specifically agree, but not by way of limitation, as follows:

  1.   To appropriate all funds necessary to complete the project during the project period and to provide
       ___________________________($_____________) dollars to match the grant authorized by the DEPARTMENT.
  2.   To maintain satisfactory financial accounts, documents, and records to make them available to the DEPARTMENT for
       auditing at reasonable times in perpetuity.
  3.   To construct the project and provide such funds, services, and materials as may be necessary to satisfy the terms of said
       Agreement.
  4.   To regulate the use of the facility constructed and reserved under this Agreement to assure the use thereof by the public
       on equal and reasonable terms.
  5.   To comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions
       of this Resolution.”


The following aye votes were recorded: ________________
The following nay votes were recorded: ________________

STATE OF MICHIGAN         )
                     ) ss
COUNTY OF ____________ )

I, _______________________________, Clerk of the ___________________________, Michigan, do hereby certify that the
above is a true and correct copy of the Resolution relative to the Agreement with the Michigan Department of Natural
Resources, which Resolution was adopted by the ______________________________ at a meeting held
________________________.




                                                             Signature



                                                             Title




                                                             Date




                                                              12                                         PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT


                                                     Appendix A
              CFR 200.331±200.333 Subrecipient Pass-through Monitoring and Management Requirements


 A.   GRANTEE shall ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the
      following information at the time of the subaward and if any of these data elements change, include the changes in
      subsequent subaward modification. When some of this information is not available, the pass-through entity must
      provide the best information available to describe the Federal award and subaward. Required information includes:
         1.    Federal award identification.

               a.   Subrecipient name (which must match the name associated with its unique entity identifier)

               b.   Subrecipient's unique entity identifier

               c.   Federal Award Identification Number (FAIN)

               d.   Federal Award Date (see the definition of Federal award date in § 200.1 of this part) of award to the
                    recipient by the Federal agency

               e.   Subaward Period of Performance Start and End Date

               f.   Subaward Budget Period Start and End Date

               g.   Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient

               h.   Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the
                    current financial obligation

               i.   Total Amount of the Federal Award committed to the subrecipient by the pass-through entity

               j.   Federal award project description, as required to be responsive to the Federal Funding Accountability and
                    Transparency Act (FFATA)

               k.   Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the
                    Pass-through entity

               l.   Assistance Listings number and Title; the pass-through entity must identify the dollar amount made
                    available under each Federal award and the Assistance Listings Number at time of disbursement

               m.   Identification of whether the award is R&D; and

               n.   Indirect cost rate for the Federal award (including if the de minimis rate is charged) per § 200.414

         2.    All requirements imposed by the pass-through entity on the subrecipient so that the Federal award is used in
               accordance with Federal statutes, regulations and the terms and conditions of the Federal award

         3.    Any additional requirements that the pass-through entity imposes on the subrecipient in order for the pass-
               through entity to meet its own responsibility to the Federal awarding agency including identification of any
               required financial and performance reports

         4.    (i) An approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal
               Government. If no approved rate exists, the pass-through entity must determine the appropriate rate in
               collaboration with the subrecipient, which is either:

               a.   The negotiated indirect cost rate between the pass-through entity and the subrecipient; which can be
                    based on a prior negotiated rate between a different PTE and the same subrecipient. If basing the rate on
                    a previously negotiated rate, the pass-through entity is not required to collect information justifying this

                                                               13                                         PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT

                   rate, but may elect to do so;

              b.   The de minimis indirect cost rate.

              (ii) The pass-through entity must not require use of a de minimis indirect cost rate if the subrecipient has a
              Federally approved rate. Subrecipients can elect to use the cost allocation method to account for indirect costs
              in accordance with § 200.405(d).

         5.   A requirement that the subrecipient permit the pass-through entity and auditors to have access to the
              subrecipient's records and financial statements as necessary for the pass-through entity to meet the
              requirements of this part; and

         6.   Appropriate terms and conditions concerning closeout of the subaward.

    B.   GRANTEE shall evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the
         terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described
         in paragraphs (d) and (e) of this section, which may include consideration of such factors as:

         1.   The subrecipient's prior experience with the same or similar subawards;

         2.   The results of previous audits including whether or not the subrecipient receives a Single Audit in accordance
              with Subpart F of this part, and the extent to which the same or similar subaward has been audited as a major
              program

         3.   Whether the subrecipient has new personnel or new or substantially changed systems; and

         4.   The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also receives Federal
              awards directly from a Federal awarding agency).

    C.   GRANTEE shall consider imposing specific subaward conditions upon a subrecipient if appropriate as described in §
         200.208.

    D.   GRANTEE shall monitor the activities of the subrecipient as necessary to ensure that the subaward is used for
         authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the
         subaward; and that subaward performance goals are achieved. Pass-through entity monitoring of the subrecipient
         must include:
         1. Reviewing financial and performance reports required by the pass-through entity.

         2.   Following-up and ensuring that the subrecipient takes timely and appropriate action on all deficiencies
              pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through
              audits, on-site reviews, and written confirmation from the subrecipient, highlighting the status of actions planned
              or taken to address Single Audit findings related to the particular subaward.

         3.   Issuing a management decision for applicable audit findings pertaining only to the Federal award provided to
              the subrecipient from the pass-through entity as required by § 200.521.

         4.   The pass-through entity is responsible for resolving audit findings specifically related to the subaward and not
              responsible for resolving crosscutting findings. If a subrecipient has a current Single Audit report posted in the
              Federal Audit Clearinghouse and has not otherwise been excluded from receipt of Federal funding (e.g., has
              been debarred or suspended), the pass-through entity may rely on the subrecipient's cognizant audit agency or
              cognizant oversight agency to perform audit follow-up and make management decisions related to cross-cutting
              findings in accordance with section § 200.513(a)(3)(vii). Such reliance does not eliminate the responsibility of
              the pass-through entity to issue subawards that conform to agency and award-specific requirements, to manage
              risk through ongoing subaward monitoring, and to monitor the status of the findings that are specifically related
              to the subaward.

    E.   Depending upon the pass-through entity’s assessment of risk posed by the subrecipient (as described in paragraph
         (b) of this section), the following monitoring tools may be useful for the pass-through entity to ensure proper
         accountability and compliance with program requirements and achievement of performance goals:
                                                              14                                         PR1833 (01/06/2023)
AMERICAN RESCUE PLAN ACT AGREEMENT


         1.   Providing subrecipients with training and technical assistance on program-related matters; and

         2.   Performing on-site reviews of the subrecipient's program operations;

         3.   Arranging for agreed-upon-procedures engagements as described in § 200.425.

    F.   GRANTEE shall verify that every subrecipient is audited as required by Subpart F of this part when it is expected
         that the subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the
         threshold set forth in § 200.501.

    G.   GRANTEE shall consider whether the results of the subrecipient's audits, on-site reviews, or other monitoring
         indicate conditions that necessitate adjustments to the pass-through entity's own records.

    H.   GRANTEE shall consider taking enforcement action against noncompliant subrecipients as described in § 200.339
         of this part and in program regulations.

    I.   Fixed amount subawards, with prior written approval from the Federal awarding agency, a pass-through entity may
         provide subawards based on fixed amounts up to the Simplified Acquisition Threshold, provided that the subawards
         meet the requirements for fixed amount awards in § 200.201 Use of grant agreements (including fixed amount
         awards), cooperative agreements, and contracts.




                                                            15                                         PR1833 (01/06/2023)
                                           City of Muskegon

                                       RESOLUTION __________

WHEREAS, the City of Muskegon submitted an application to Michigan Department of Natural Resources
for a Spark Grant in the amount of $250,000 to replace the City’s splash pad located at the Howmet
Aerospace Celebration Square and was selected to receive such funding;

NOW, THEREFORE LET IT BE RESOLVED, that the City of Muskegon does hereby accept the terms of the
Agreement as received from the Michigan Department of Natural Resources, and that the City of
Muskegon does hereby specifically agree, but not by way of limitation, as follows:
   1. To appropriate all funds necessary to complete the project during the project period and to
      provide Twenty Four Thousand Dollars and No Cents ($24,000.00) to match the grant authorized
      by the DEPARTMENT.
   2. To maintain satisfactory financial accounts, documents, and records to make them available to
      the DEPARTMENT for auditing at reasonable times in perpetuity.
   3. To construct the project and provide such funds, services, and materials as may be necessary to
      satisfy the terms of said Agreement.
   4. To regulate the use of the facility constructed and reserved under this Agreement to assure the
      use thereof by the public on equal and reasonable terms.
   5. To comply with any and all terms of said Agreement including all terms not specifically set forth
      in the foregoing portions of this Resolution.

Motion made by Commissioner ______________ and seconded by Commissioner __________________.

Ayes:
Nayes:
Absent:

Motion Approved.
STATE OF MICHIGAN               )
                                ) ss
COUNTY OF ____________          )

I, Ann Meisch, Clerk of the City of Muskegon, Michigan, do hereby certify that the above is a true and
correct copy of the Resolution relative to the Agreement with the Michigan Department of Natural
Resources, which Resolution was adopted by the City of Muskegon at a meeting held on
_______________________________.


                                                                 Signature


                                                                 Title


                                                                 Date
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22, 2023           Title: Rezoning of 417 Jackson Ave

Submitted By: Mike Franzak                         Department: Planning Department

Brief Summary: Staff-initiated request to rezone the property at 417 Jackson Ave from R-1, Low
Density Single-Family Residential to Form Based Code, Neighborhood Core.




Detailed Summary & Background: The Planning Commission unanimously recommended approval
of the rezoning at their August 10 meeting.

Goal/Focus Area/Action Item Addressed: Goal 2: Economic Development, Housing &
Business/Increase Variety of Housing Types.



Amount Requested: N/A                              Budgeted Item:
                                                   Yes          No          N/A

Fund(s) or Account(s): N/A                         Budget Amendment Needed:
                                                   Yes          No          N/A

Recommended Motion: To approve the request to rezone property at 417 Jackson Ave from R-1,
Low Density Single-Family Residential to Form Based Code, Neighborhood Core.



Approvals:                                         Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                             Yes

Other Division Heads                               No

Communication
Legal Review
                         PLANNING COMMISSION PACKET EXCERPT
                                            August 10, 2023


Hearing, Case 2023-21: Staff-initiated request to rezone the property at 417 Jackson Ave from R-1, Low
Density Single-Family Residential to Form Based Code, Neighborhood Core.

SUMMARY

   1. The property is currently zoned R-1, Low-Density Single-Family Residential. The seven-acre lot
      contains the former Froebel School building that measures 22,614 sf.
   2. Staff is proposing to rezone the property in order to allow for the renovation of the former Froebel
      School building into affordable residential apartments. The condition of the building is
      deteriorating quickly and must be redeveloped soon to avoid demolition. Staff has shown the
      building to numerous developers over the years and has finally found an entity that is capable of
      its renovation.
   3. The Form Based Code, Neighborhood Core designation allows a variety of housing options,
      ranging from rowhouses to large multiplexes, with a maximum height of five stories. This context
      area allows for large multiplex buildings, which this existing building would be considered if it
      were renovated to residential. This is the least-intense context area that allows for small
      multiplexes.
   4. The eastern and southern edges of this property have severe development limitations since there is
      a lack of infrastructure to support new buildings. The topography of the site does not allow for the
      installation of new infrastructure without a costly lift station. Development of the southern and
      eastern edges of the property are unlikely.
   5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff
      had not received any comments from the public.


                                           417 Jackson Ave
Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed)
Aerial Map




Zoning Map
                                        CITY OF MUSKEGON
                                   MUSKEGON COUNTY, MICHIGAN
                                      ORDINANCE NO.


  An ordinance to amend the zoning map of the City to provide for a zone change for 417 Jackson Ave
                                      from R-1 to FBC, NC


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 417 Jackson Ave from R-
1 to FBC, NC.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:



                                                 CITY OF MUSKEGON


                                                     By: __________________________
                                                        Ann Meisch, MMC
                                                        City Clerk
                      CERTIFICATE (Rezoning 417 Jackson Ave from R-1 to FBC, NC)


The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 22nd day of August, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.


DATED: ___________________, 2023            ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon




Publish       Notice of Adoption to be published once within ten (10) days of final adoption.
                                                    CITY OF MUSKEGON
                                                   NOTICE OF ADOPTION


Please take notice that on August 22, 2023, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 417 Jackson Ave from R-1 to FBC, NC:

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.


This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22, 2023           Title: Rezoning of 1225 E Laketon Ave

Submitted By: Mike Franzak                         Department: Planning Department

Brief Summary: Request to rezone the property at 1225 E Laketon Ave from I-2, General Industrial
to B-4, General Business, by Tread Monkey, LLC.




Detailed Summary & Background: The Planning Commission unanimously recommended approval
of the rezoning at their August 10 meeting.




Goal/Focus Area/Action Item Addressed: Goal 2: Economic Development, Housing & Business



Amount Requested: N/A                              Budgeted Item:
                                                   Yes          No          N/A

Fund(s) or Account(s): N/A                         Budget Amendment Needed:
                                                   Yes          No          N/A

Recommended Motion: To approve the request to rezone the property at 1225 E Laketon Ave from
I-2, General Industrial to B-4, General Business.



Approvals:                                         Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                             Yes

Other Division Heads                               No

Communication
Legal Review
                         PLANNING COMMISSION PACKET EXCERPT
                                            August 10, 2023


Hearing, Case 2023-18: Request to rezone the property at 1225 E Laketon Ave from I-2, General Industrial
to B-4, General Business, by Tread Monkey, LLC.

SUMMARY

   1. The property is zoned I-2, General Industrial and is located at the northern edge of the Medendorp
      Industrial Center.
   2. The applicant is seeking a rezoning in order to allow Tread Monkey (tire changing business) to
      locate there. They specialize in chaining tires at the scene, but would like to provide a physical
      location as well.
   3. The B-4 district allows auto repair and similar businesses as long as work is done in a completely
      enclosed building. The building on site will not accommodate this type of use, but the applicant
      intends on building a small structure in which they will change tires. There appears to be adequate
      space to do so in front of the existing building.
   4. Please see the enclosed ordinance excerpt for B-4, General Business districts.
   5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff
      had not received any comments from the public.



                                          1225 E Laketon Ave
Aerial Map




Zoning Map
                                        CITY OF MUSKEGON
                                   MUSKEGON COUNTY, MICHIGAN
                                      ORDINANCE NO.


An ordinance to amend the zoning map of the City to provide for a zone change for 1225 E Laketon Ave
                                          from I-2 to B-4


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 1225 E Laketon Ave
from I-2 to B-4.
CITY OF MUSKEGON SEC 33 T10N R16W E 197 FT OF W 230 FT OF S 178 FT OF N 244 FT OF NW 1/4 OF NE
1/4 EXC E 3 FT OF S 50 FT TH'OF

This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:



                                                 CITY OF MUSKEGON


                                                    By: __________________________
                                                        Ann Meisch, MMC
                                                        City Clerk
                          CERTIFICATE (Rezoning 1225 E Laketon from I-2 to B-4)


The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 22nd day of August, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.


DATED: ___________________, 2023            ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon




Publish       Notice of Adoption to be published once within ten (10) days of final adoption.
                                                    CITY OF MUSKEGON
                                                   NOTICE OF ADOPTION


Please take notice that on August 22, 2023, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 1225 E Laketon Ave from I-2 to B-4:

CITY OF MUSKEGON SEC 33 T10N R16W E 197 FT OF W 230 FT OF S 178 FT OF N 244 FT OF NW 1/4 OF NE
1/4 EXC E 3 FT OF S 50 FT TH'OF

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.


This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22, 2023         Title: Rezoning of several properties on Myrtle
                                                 Ave, Allen Ave, and Jay St in the Angell
                                                 Neighborhood

Submitted By: Mike Franzak                       Department: Planning Department

Brief Summary: Request to rezone the following parcels from R-3, High Density Single Family
Residential to Form Based Code, Neighborhood Core: 139 Myrtle Ave; 140/148/158/168/174/186
Allen Ave, 159/169/185 Amity Ave; and 923 Jay St, by Spire Development




Detailed Summary & Background: The Planning Commission unanimously recommended approval
of the rezoning at their August 10 meeting.

Goal/Focus Area/Action Item Addressed: Goal 2: Economic Development, Housing &
Business/Increase Variety of Housing Types.



Amount Requested: N/A                            Budgeted Item:
                                                 Yes          No          N/A

Fund(s) or Account(s): N/A                       Budget Amendment Needed:
                                                 Yes          No          N/A

Recommended Motion: To approve the request to rezone 139 Myrtle Ave;
140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and 923 Jay St from R-3, High
Density Single Family Residential to Form Based Code, Neighborhood Core.



Approvals:                                       Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                           Yes

Other Division Heads                             No
Communication
Legal Review
                         PLANNING COMMISSION PACKET EXCERPT
                                            August 10, 2023


Hearing, Case 2023-19: Request to rezone the following parcels from R-3, High Density Single Family
Residential to Form Based Code, Neighborhood Core: 139 Myrtle Ave; 140/148/158/168/174/186 Allen
Ave, 159/169/185 Amity Ave; and 923 Jay St, by Spire Development.

SUMMARY
   1. The properties are all zoned R-3, High-Density Single-Family Residential, but are located between
      higher-density developments. The lots combined total about 2.2 acres.
   2. The applicant is seeking a rezoning in an effort to construct affordable residential apartments. The
      numbers of units could range between 50-100 as the details are still being finalized.
   3. The Form Based Code, Neighborhood Core designation allows a variety of housing options,
      ranging from rowhouses to large multiplexes, with a maximum height of five stories.
   4. Most of the houses in this area have been demolished, with only a few remaining. There are no
      houses remaining on the lots involved with the request.
   5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff
      had not received any comments from the public.


                     Project area with Bayview Tower located just to the north
Aerial Map




Zoning Map
Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed)
                                         CITY OF MUSKEGON
                                   MUSKEGON COUNTY, MICHIGAN
                                      ORDINANCE NO.


   An ordinance to amend the zoning map of the City to provide for a zone change for 139 Myrtle Ave,
    140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave and 923 Jay St from R-3 to FBC, NC


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 139 Myrtle Ave,
140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave and 923 Jay St from R-3 to FBC, NC.


This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:



                                                 CITY OF MUSKEGON


                                                     By: __________________________
                                                        Ann Meisch, MMC
                                                        City Clerk
                                           CERTIFICATE
  (Rezoning139 Myrtle Ave, 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave and 923 Jay St )


The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 22nd day of August, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.


DATED: ___________________, 2023            ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon




Publish       Notice of Adoption to be published once within ten (10) days of final adoption.
                                                    CITY OF MUSKEGON
                                                   NOTICE OF ADOPTION


Please take notice that on August 22, 2023, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 139 Myrtle Ave, 140/148/158/168/174/186
Allen Ave, 159/169/185 Amity Ave and 923 Jay St from R-3 to FBC, NC.

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.


This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22, 2023              Title: Amendment to the zoning ordinance –
                                                      fencing – 2nd Reading

Submitted By: Mike Franzak                            Department: Planning

Brief Summary: This is a staff-initiated request to amend the fencing ordinance to clarify the types
of fences allowed.




Detailed Summary & Background: This is an effort to improve the quality of fences erected
throughout the City. The Planning Commission unanimously recommended approval of the
amendment.




Goal/Focus Area/Action Item Addressed: Goal 2: Economic development, housing and business.



Amount Requested: N/A                                 Budgeted Item:
                                                      Yes          No          N/A

Fund(s) or Account(s): N/A                            Budget Amendment Needed:
                                                      Yes          No          N/A

Recommended Motion: To approve the request to amend the fencing ordinance as proposed.



Approvals:                                            Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                                Yes

Other Division Heads                                  No

Communication
Legal Review
                             Planning Commission Packet Excerpt - July 13, 2023

Hearing, Case 2023-15: Staff initiated request to amend Section 2333 of the zoning ordinance to modify the
requirements on fencing.

SUMMARY

      1. Staff is proposing certain modifications to Section 2333 (Landscaping, Fencing, Walls, Screens and
         Lighting) of the zoning ordinance.
      2. The amendments clarify which types of fencing are allowed. Vinyl is typically an acceptable type of
         stockade fence. Picket, split-rail, and wrought iron are also acceptable types of open fencing that is
         typically allowed. Specifically identifying these types of allowed fences will assist staff with
         enforcement on home-made fencing.
      3. Staff has proposed to prohibit metal slats and screening tarps that can be incorporated into chain link
         or other types of fencing. These measures rarely assist in screening and usually become a blight.

                                                Proposed Ordinance

12.      Fencing, all Districts: The placement of a fence requires a development permit or site plan approval.
         Fencing shall be properly maintained. Fencing materials used shall consist of the following:

         a.      Wood or vinyl stockade fences of standard commercial construction. The finished side of the
                 fence shall face abutting properties.

         b.      Open fences such as chain link, picket, split-rail, and wrought iron fencing. . Woven slats, mesh,
                 and other screening materials are prohibited with these fencing types.

         c.      Masonry walls designed and constructed to facilitate maintenance and not modifying natural
                 drainage in such a way as to endanger adjacent property that is of standard commercial
                 construction.

13.      Placement: A wall, fence or yard enclosure may be erected on the lot line.

14.      Height limitations: [amended 10/02]

         a.      Side and rear yards: In residential districts a wall, fence or yard enclosure may be up to six (6)
                 feet in height behind any building line of a structure which abuts a street (see Figure 2.9).

         b.      Front yards: In any residential front yard (in front of any building line of a structure which
                 abuts a street), the height of a fence shall not exceed three (3) feet, unless an open fence (at least
                 50% transparent) is provided in which case it may be a maximum height of four (4) feet when
                 such fence does not reduce visibility or interfere with clear vision at intersections, alleys and
                 drives. Corner lot exemption: Corner lots may have a six-foot tall fence on the secondary front
                 yard (along the street that does not contain the main entrance to the home) as long as clear vision
                 is maintained.
                                         CITY OF MUSKEGON

                                  MUSKEGON COUNTY, MICHIGAN

                                         ORDINANCE NO._____


An ordinance to amend Section 2333 to clarify the types of fences allowed.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Section 2333 is amended as proposed.

This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                   CITY OF MUSKEGON

                                                   By: _________________________________
                                                          Ann Meisch, MMC, City Clerk
                                         CERTIFICATE

The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 22nd day of August 2023, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.


DATED: ___________________, 2023.            __________________________________________
                                             Ann Meisch, MMC
                                             Clerk, City of Muskegon




Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on August 22, 2023, the City Commission of the City of Muskegon adopted an
ordinance amend the regulations on fences.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2023.                          CITY OF MUSKEGON


                                                               By _________________________________
                                                                        Ann Meisch, MMC
                                                                        City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22, 2023              Title: Amendment to the zoning ordinance –
                                                      Residential Design Criteria – 2nd Reading

Submitted By: Mike Franzak                            Department: Planning

Brief Summary: This is a staff-initiated request to amend the residential design criteria section of
the zoning ordinance.




Detailed Summary & Background: Many of the changes are small and for clarification reasons.
Some requirements were removed because they are requirements already listed in the building
codes. The removal of storage requirements and house widths on small lots are the biggest
proposed changes.
The Planning Commission unanimously recommended approval of the amendment.




Goal/Focus Area/Action Item Addressed: N/A



Amount Requested: N/A                                 Budgeted Item:
                                                      Yes           No          N/A

Fund(s) or Account(s): N/A                            Budget Amendment Needed:
                                                      Yes           No          N/A

Recommended Motion: To approve the request to amend the residential design criteria ordinance
as proposed.



Approvals:                                            Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                                Yes

Other Division Heads                                  No

Communication
Legal Review
                          Planning Commission Packet Excerpt - July 13, 2023


Hearing, Case 2023-16: Staff initiated request to amend Section 2319 of the zoning ordinance to modify the
residential design criteria.

SUMMARY

   1. Staff is proposing certain modifications to Section 2319 (Residential Design Criteria) of the zoning
      ordinance. Some changes are minor and are just for clarification.
   2. Many of the requirements that are proposed for removal are for redundancy because they are already
      covered by the building codes. Building codes can also be amended so this will ensure we are following
      the most recent codes.
   3. Some changes were made to clarify between a building unit and the actual building.
   4. Staff has proposed the elimination of the 15% storage space requirement. Recent amendments to this
      section included the requirement for either a garage or shed for every property, so storage should not
      be an issue. There are also existing codes that prohibit outdoor storage. Storage needs vary by family
      and requiring more storage than needed can add additional costs to housing.
   5. The ordinance currently requires that lots that are at least 35 feet wide have a house that is at least 24
      feet wide and lots that are under 35 feet wide must have a house that is at least 20 feet wide. Many city
      lots are 33 feet wide and staff has seen many challenges when working with developers on developing
      houses that can fit on these lots. With setback requirements, fire protection requirements and driveway
      placement, it can be very difficult to properly fit everything on the lot. Staff is proposing to eliminate
      the minimum width for houses on all lots under 40 feet wide. It should also be noted that many of the
      33-foot wide lots are very deep. Elimination of this requirement would allow more flexibility with how
      houses can be positioned on these narrow lots.

                       Proposed Ordinance (See attachments for redline version)

SECTION 2319: [RESIDENTIAL DESIGN CRITERIA] [amended 7/98, amended 4/00, amended 8/01,
amended 4/02, amended 3/05,amended 8/06, amended 3/07]

It is the intent and purpose of this section to establish design review standards and controls over housing
development in the City of Muskegon. It is recognized that there are unique design aspects inherent in the
community appearance that need to be preserved and enhanced. The adoption of these criteria will guide and
ensure that all future growth and fits with the unique vernacular of the City of Muskegon's urban setting. A
positive community image: enhances economic development opportunity; safeguards property values; curbs
blight and deterioration; and enhances public safety and welfare.

All single-family houses, duplexes, rowhouses and small multiplexes (3-6 units), other than a mobile home
located in a licensed mobile home park approved under the provisions of Article V, MHP Mobile Home Park
Districts, shall conform to the following regulations in addition to all other regulations of this Ordinance:

1. Each dwelling unit shall have a minimum living area of five hundred and fifty (550) square feet for a one
   (1) bedroom dwelling. For each bedroom, an additional 100 square feet shall be provided. This shall be
   measured from the outside wall of the unit as described on the site plan.

2. If a principal structure is less than 850 sqft and is to be located on a lot that is large enough to split under
   the zoning regulations, it must be placed in such a fashion as to allow enough room to split the lot and
   create an additional buildable lot. The lot does not actually have to be split at the time of construction and
   may be done at a later date at the property owners’ discretion.

3. All buildings located in single family residential districts must comply with Section 400.2 of the zoning
   ordinance. Multiple family dwellings are only allowed in single-family residential districts if the home has
   already been altered with prior approval to allow for multiple dwellings. One-family dwellings may not be
   altered to allow for multiple dwellings, not may new homes be built for multiple dwellings.

4. Roof drainage in the form of a roof overhang of at least twelve inches (12") shall be provided to direct
   storm or meltwater way from the foundation, unless a gambrel roof or other design elements necessitate an
   alternative roof drainage system.

5. The building shall have a minimum width across the front elevation view which is the lesser of:

       a.      Twenty-four (24) feet on lots that are at least forty feet wide. or
       b.      The average width of the homes on the same street, one block in any direction.

6. A structure with a front elevation view of over 40 linear feet shall have a design offset including but not
   limited to; bay windows, covered porches, or structural offsets from the principal plane of the building.

7. In the case of an attached garage, garage doors may not comprise more than fifty percent (50%) of the
    width of the front elevation view.
In the event that a dwelling unit is a mobile home as defined herein, it shall be installed with the wheels
    removed. No dwelling unit shall have any exposed towing mechanism, undercarriage or chassis.

8. The subject building shall be aesthetically compatible in design and appearance with other buildings on the
   same street, one block in any direction. The review shall include but not necessarily be limited to: roof
   pitch, scale, size, mass, minimum transparency, orientation to the street, and overhangs. The foregoing
   shall not be construed to prohibit innovative design concepts involving such matters as (but not limited to)
   solar energy, view, or unique land contour.

9. The compatibility of design and appearance shall be determined in the first instance by the Zoning
   Administrator upon review of the plans submitted for a particular building. The Zoning Administrator's
   decision may be appealed, to the Zoning Board of Appeals within a period of fifteen (15) days from the
   receipt of notice to the official's decision.

10. Each building shall have established vegetative ground cover no less than 12 months after occupancy.
    Approval shall be given by zoning staff of the Planning Department as part of the initial residential site
    plan review. A minimum of one shade tree, two and one-half inches (2.5") in diameter, four feet (4') from
    the ground or one six-foot (6') evergreen tree shall be provided. Existing landscaping may be accepted in
    lieu of this requirement.

11. Each building shall have a garage or a shed providing a minimum of sixty-four square feet (64 sq. ft.) of
    storage
All dwelling units within large multiplexes (6 units and above), mixed-use buildings and accessory dwelling
units shall conform to the following regulations in addition to all other regulations of this Ordinance:

1. Each dwelling unit shall have a minimum size (excluding all basement area) of 375 sqft. For each bedroom,
   an additional 100 square feet shall be provided. This shall be measured from the outside wall of the unit as
   described on the site plan.

2. All buildings located in single family residential districts must comply with Section 400.2 of the zoning
   ordinance. Multiple family dwellings are only allowed in single-family residential districts if the home has
   already been altered with prior approval to allow for multiple dwellings. One-family dwellings may not be
   altered to allow for multiple dwellings, not may new homes be built for multiple dwellings.

3. Roof drainage in the form of a roof overhang of at least twelve inches (12") shall be provided to direct
   storm or meltwater way from the foundation, unless a gambrel roof or other design elements necessitate an
   alternative roof drainage system.

4. In the case of an attached garage, garage doors may not comprise more than fifty percent (50%) of the front
   elevation view.

The subject building shall be aesthetically compatible in design and appearance with other buildings on the
   same street, one block in any direction. The review shall include but not necessarily be limited to: roof
   pitch, scale, size, mass, minimum transparency, orientation to the street, and overhangs. The foregoing
   shall not be construed to prohibit innovative design concepts involving such matters as (but not limited to)
   solar energy, view, or unique land contour.

5. Each building shall have an established vegetative ground cover no less than 12 months after occupancy.
   A minimum of one shade tree, two and one-half inches (2.5") in diameter, four feet (4') from the ground or
   one six foot (6') evergreen tree shall be provided. Existing landscaping may be accepted in lieu of this
   requirement.

6. Each building shall have a garage or a shed providing a minimum of sixty-four square feet (64 sq. ft.) of
   storage.
                                          CITY OF MUSKEGON

                                  MUSKEGON COUNTY, MICHIGAN

                                         ORDINANCE NO._____


An ordinance to amend Section 2319 of the zoning ordinance to modify the residential design criteria.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Section 2319 is amended as proposed.

This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                   CITY OF MUSKEGON

                                                   By: _________________________________
                                                          Ann Meisch, MMC, City Clerk
                                         CERTIFICATE

The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 22nd day of August 2023, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.


DATED: ___________________, 2023.            __________________________________________
                                             Ann Meisch, MMC
                                             Clerk, City of Muskegon




Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on August 22nd, 2023, the City Commission of the City of Muskegon adopted an
ordinance amend the residential design criteria.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2023.                          CITY OF MUSKEGON


                                                               By _________________________________
                                                                        Ann Meisch, MMC
                                                                        City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                       Agenda Item Review Form
                        Muskegon City Commission
Commission Meeting Date: August 22, 2023                  Title: 30” Water Main Meter

Submitted By: Joe Buthker                                 Department: DPW - Filtration

Brief Summary: An amendment to the Cost Sharing Agreement between the City of Muskegon and
Muskegon County to permit the City to install a water meter on the 30” water main near the Water
Filtration Plant.

Detailed Summary & Background: A 30” water main was recently constructed from the Water Filtration
Plant to the Muskegon Channel. While the primary purpose of this water main was to provide a second
connection to the Muskegon County Northside water system, it also serves the City of Muskegon’s
water system. An existing water meter near the channel measures all water flow into the County water
system, but it does not capture any water flow into the City. Installing a water meter near the Water
Filtration Plant will measure all the water flowing through this main, including the currently unmetered
water flowing into the City. Metering this water as it leaves the Water Filtration Plant is critical to
overseeing water plant operations, managing the water fund, and ensuring regulatory compliance. The
construction phase of this project is expected to begin this fall, and staff will return to the Commission at
a later date for approval of the construction contract.
An amendment to the original agreement between the City and the County is required to permit the City
to install, operate, and maintain the water meter on the county-owned water main. Upon approval from
the City Commission, the amendment will be presented to the Muskegon County Board of Public Works
for approval.

Goal/Focus Area/Action Item Addressed: Identify specific major capital projects across all
departments.2022-4.1

Amount Requested: N/A                                     Budgeted Item:
                                                          Yes           No           N/A

Fund(s) or Account(s): N/A                                Budget Amendment Needed:
                                                          Yes           No           N/A

Recommended Motion: Authorize the Mayor and Clerk to sign the First Amendment to Cost
Sharing Agreement.

Approvals:                                                Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                                    Yes

Other Division Heads                                      No

Communication
Legal Review
               FIRST AMENDMENT TO COST SHARING AGREEMENT

       This First Amendment (“First Amendment”) to the Cost Sharing Agreement
(“Agreement”) dated as of 2019 by the County of Muskegon through its Board of Public Works
(“County”), 1903 Marquette Avenue, Muskegon, Michigan 49442 and the City of Muskegon
(“City”), 933 Terrace Street, Muskegon, Michigan 49440, is effective as of September 1, 2023.
The parties agree:

1.    The County and the City are parties to the Agreement. This First Amendment supplements
and amends the Agreement.

2.     Per the Agreement, the City of Muskegon utilizes the 30-inch County watermain to serve
City customers via connections to the 30-inch watermain south of the Channel along Beach Street.
Water usage by the County through this main is determined using a flow meter located north of
the connections to the City of Muskegon and South of the Channel.

3.     As currently configured, the City is unable to measure the flow through the 30-inch County
watermain that is delivered to City customers. Therefore, the following provisions amend and
supplement the Agreement:

       a.     Add Subsection 1.6 to 1.0 COMMITMENTS BY THE COUNTY as follows:

       1.6 The County agrees to allow the placement by the City of a flow meter in the 30-
       inch County watermain near the connection to the City of Muskegon watermain per
       the attached Exhibit. The County grants the City permission to install the meter and
       associated control and power wiring from the meter to the City Water Filtration
       Plant. The County recognizes that this meter will be owned, operated, and
       maintained by the City of Muskegon.

       b.     Add Subsection 2.7 to 2.0 COMMITMENTS BY THE City as follows:

       2.7 The City agrees, at its cost, to install, operate and maintain a meter in the 30-
       inch County watermain near the connection to the City of Muskegon main per the
       attached Exhibit. The City will allow the County access to the meter vault if needed
       to check on pipe integrity or for other reasonable purposes. The City will give notice
       to the County prior to commencement of installation.

4.      Except as specifically modified in this First Amendment, the Agreement remains in full
force and effect.



                                 Signature Page Follows




                                                 1
                            MUSKEGON COUNTY
                            BOARD OF PUBLIC WORKS


                            By:
                            Print Name: Darrell Paige
                            Its: Board Chair


                            And By:
                            Print Name: Brenda Moore
                            Its: Board Secretary




                            CITY OF MUSKEGON


                            By:
                            Print Name: Ken Johnson
                            Its: Mayor


                            And by:
                            Print Name: Ann Meisch
                            Its: Clerk


86083:00026:7306336-1




                        2
                                    CITY OF MUSKEGON
                                   MUSKEGON COUNTY, MICHIGAN


                         WATER SYSTEM IMPROVEMENTS
                                  WATER FILTRATION PLANT
                        BEACH STREET TRANSMISSION MAIN FLOW METER




                                                                    CR
                                                                      EE
                                                                        KV
                                                                           IE
                                                                                W
                                                                                    DR




               R




Know what's below.
  Callbefore you dig.
                                  PRELIMINARY
                             R




              Know what's below.
                Callbefore you dig.




PRELIMINARY
PRELIMINARY
                 CENTURY A &E
                                            Facilities Design
                     277 Crahen Avenue NE - Grand Rapids, MI 49525
              Telephone: (616) 456-5227 / Fax: (616) 456-5228 / Web: www.centuryae.com
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22,223                 Title: DWRF ARPA Grant Agreement

Submitted By: Dan VanderHeide                          Department: DPW

Brief Summary:
Authorize DPW Director to sign American Rescue Plan Grant Agreement for the Drinking Water
projects (Morton, Wilcox, Thompson, and Lead Service Lines) awarded at the July 11, 2023
Commission meeting.

Detailed Summary & Background:
Authorize DPW Director to sign American Rescue Plan Grant Agreement for the Morton, Wilcox,
Thompson, and Lead Service Lines projects. Estimated Total Project Costs:
      DWSRF Eligible Project Cost Subtotal: $8,865,000
      DWSRF Loan No. 7467-01 Amount: ($5,628,495)
      Total Grant Amount:                 $3,236,505

Goal/Focus Area/Action Item Addressed:
Item 2022-4.2 “Take advantage of external revenue sources,” and Key Focus Areas “Decrease
infrastructure burden on residents” and “Sustainability in financial practices and infrastructure.”

Amount Requested: N/A                                  Budgeted Item:
($8,865,000 previously approved)                       Yes          No           N/A
                                                                X

Fund(s) or Account(s):                                 Budget Amendment Needed:
Water (591)                                            Yes          No           N/A

Recommended Motion:
I move to authorize the DPW Director to sign ARP Grant Agreement for Project #7467-01.

Approvals:                                             Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                                 Yes

Other Division Heads                                   No
Communication
Legal Review
  AMERICAN RESCUE PLAN – STATE REVOLVING FUND GRANT AGREEMENT
                          (ARP FUNDED)
                                         BETWEEN THE
   MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
                                 AND THE CITY OF MUSKEGON

This Grant Agreement (“Agreement”) is made between the Michigan Department of Environment, Great
Lakes, and Energy (EGLE), Finance Division (“State"), and the City of Muskegon ("Grantee").

The purpose of this Agreement is to provide funding in exchange for work to be performed for the
project named below. The State is authorized to provide grant assistance pursuant to P.A. 53 of 2022
This Agreement is subject to the terms and conditions specified herein.

PROJECT INFORMATION:

Project Name: Water Main/LSLR                   Project #: A7467-01
Amount of grant: $3,236,505                     100% of grant federal funding

Amount of DWSRF loan: $5,628,595                PROJECT TOTAL: $8,865,000

Start Date: 3/3/2021                    End Date: Administrative Completion of DWSRF
                                        Loan No. 7467-01 or December 31, 2026, whichever is first


FISCAL RECOVERY FUND (FRF) ITEMS:

Recipient Type:        Subrecipient

Can be used for allowable expenditures incurred on/or after: 3/3/2021

Federal Awarding Agency: US Department of Treasury           CFDA Number and Name: 21.027

FAIN Number: SLFRP0127                         Research and Development Award: ☐ Yes ☒ No

SLFRF Category: 5.12 Drinking water: Lead Remediation, including Schools and Daycares

SLFRF Short Name: FRF2970-746701

Major Program: ARPDW




Michigan.gov/EGLE                           Page 1 of 18       EQP1031 (Rev. 12/2022) SRF < $10m
GRANTEE CONTACT INFORMATION:

Name/Title: Mr. Dan VanderHeide, Public Works Director
Organization: City of Muskegon
Address: 1350 E. Keating Avenue
City, State, ZIP: Muskegon, MI. 49442
Phone Number: 231-724-6993
E-Mail Address: [email protected]
Federal ID: 38-6004522
Grantee UEI Number: NVASZGCGV2Z5
SIGMA Vendor Number: CV0047621



STATE’S CONTACT INFORMATION:

Name/Title: Mr. David J. Worthington, Senior Project Manager
Division/Bureau/Office: Water Infrastructure Funding and Financing Section, Finance Division
Address: 525 W. Allegan
City, State, ZIP: Lansing, MI. 48933
Phone Number: 517-554-1835
E-Mail Address: [email protected]


The individuals signing below certify by their signatures that they are authorized to sign this Agreement
on behalf of their agencies and that the parties will fulfill the terms of this Agreement, including any
attached appendices, as set forth herein.


FOR THE GRANTEE:


                                  Dan VanderHeide, Public Works Director
Signature                         Name/Title                                       Date



FOR THE STATE:


                                  Kelly Green, Administrator
Signature                         Name/Title                                       Date


Michigan.gov/EGLE                            Page 2 of 18      EQP1031 (Rev. 12/2022) SRF < $10m
I. PROJECT SCOPE

This Agreement and its appendices constitute the entire Agreement between the State and the
Grantee and may be modified only by written agreement between the State and the Grantee.

(A) The scope of this project is limited to the activities specified in Appendix A and such activities as are
authorized by the State under this Agreement. Any change in project scope requires prior written
approval in accordance with Section III, Changes, in this Agreement.

(B) By acceptance of this Agreement, the Grantee commits to complete the project identified in
Appendix A within the time period allowed for in this Agreement and in accordance with the terms and
conditions of this Agreement.

II. AGREEMENT PERIOD

Upon signature by the State, the Agreement shall be effective from the Start Date until the End Date on
page 1. The State shall have no responsibility to provide funding to the Grantee for project work
performed except between the Start Date and the End Date specified on page 1. Expenditures made
by the Grantee prior to the Start Date or after the End Date of this Agreement are not eligible for
payment under this Agreement.

III. CHANGES

Any changes to this Agreement shall be requested by the Grantee or the State in writing and
implemented only upon approval in writing by the State. The State reserves the right to deny
requests for changes to the Agreement or to the appendices. No changes can be implemented
without approval by the State.

IV. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS

The Grantee shall submit deliverables and follow reporting requirements specified in Appendix A of
this Agreement.

   (A) The Grantee must complete and submit financial and/or progress reports according to a form
   and format prescribed by the State and must include supporting documentation of eligible project
   expenses. These reports shall be submitted via the State Revolving Fund (SRF) Disbursement
   Request Form as provided by EGLE, and due according to the following:


                       Reporting Period                   Due Date
                       Jan 1 – Jan 31                     Feb 15
                       Feb 1 – Feb 28                     Mar 15
                       Mar 1 – Mar 31                     April 15
                       April 1 – April 30                 May 15
                       May 1 – May 31                     June 15
                       June 1 – June 30                   July 15

Michigan.gov/EGLE                              Page 3 of 18          EQP1031 (Rev. 12/2022) SRF < $10m
                      July 1 – July 31                   Aug 15
                      Aug 1 – Aug 31                     Sept 15
                      Sept 1 – Sept 30                   Before Oct 10*
                      Oct 1 – Oct 31                     Nov 15
                      Nov 1 – Nov 30                     Dec 15
                      Dec 1 – Dec 31                     Jan 15


   *Due to the State’s year-end closing procedures, there will be an accelerated due date for the
   report covering September 1 – September 30. Advance notification regarding the due date for the
   period ending September 30 will be sent to the Grantee. If the Grantee is unable to submit a
   report in early October for the period ending September 30, an estimate of expenditures through
   September 30 must be submitted to allow the State to complete its accounting for that fiscal year.

   The forms provided by the State shall be submitted to the State’s contact at the address on page
   1. All required supporting documentation (invoices, proof of payment, etc.) for expenses must be
   included with the report.


(B) The Grantee shall provide a final project report in a format prescribed by the State. The Grantee
shall submit the final status report, including all supporting documentation for expenses, along with
the final project report and any other outstanding products within 30 days of substantial completion of
the project or the End Date of the Agreement.

V. GRANTEE RESPONSIBILITIES

(A) The Grantee agrees to abide by all applicable local, state, and federal laws, rules, ordinances,
and regulations in the performance of this grant, including Uniform Guidance for Federal Awards (2
CFR 200).

(B) All local, state, and federal permits, if required, are the responsibility of the Grantee. Award of this
grant is not a guarantee of permit approval by the State.

(C) The Grantee shall be solely responsible to pay all applicable taxes and fees, if any, that arise from
the Grantee’s receipt or execution of this grant.

(D) The Grantee is responsible for the professional quality, technical accuracy, timely completion, and
coordination of all designs, drawings, specifications, reports, and other services submitted to the
State under this Agreement. The Grantee shall, without additional compensation, correct or revise
any errors, omissions, or other deficiencies in drawings, designs, specifications, reports, or other
services.

(E) The State’s approval of drawings, designs, specifications, reports, and incidental work or
materials furnished hereunder shall not in any way relieve the Grantee of responsibility for the
technical adequacy of the work. The State’s review, approval, acceptance, or payment for any of the

Michigan.gov/EGLE                              Page 4 of 18        EQP1031 (Rev. 12/2022) SRF < $10m
services shall not be construed as a waiver of any rights under this Agreement or of any cause of
action arising out of the performance of this Agreement.

(F) The Grantee acknowledges that it is a crime to knowingly and willingly file false information with
the State for the purpose of obtaining this Agreement or any payment under the Agreement, and that
any such filing may subject the Grantee, its agents, and/or employees to criminal and civil
prosecution and/or termination of the grant.

VI. USE OF MATERIAL

Unless otherwise specified in this Agreement, the Grantee may release information or material
developed under this Agreement, provided it is acknowledged that the State funded all or a portion of
its development.

The State, and federal awarding agency, if applicable, retains a royalty-free, nonexclusive and
irrevocable right to reproduce, publish, and use in whole or in part, and authorize others to do so, any
copyrightable material or research data submitted under this grant whether or not the material is
copyrighted by the Grantee or another person. The Grantee will only submit materials that the State
can use in accordance with this paragraph.


VII. ASSIGNABILITY

The Grantee shall not assign this Agreement or assign or delegate any of its duties or obligations
under this Agreement to any other party without the prior written consent of the State. The State
does not assume responsibility regarding the contractual relationships between the Grantee and any
subcontractor.

VIII. SUBCONTRACTS & SUBAWARDS

The State reserves the right to deny the use of any consultant, contractor, associate, or other
personnel to perform any portion of the project. The Grantee is solely responsible for all contractual
activities performed under this Agreement. Further, the State will consider the Grantee to be the sole
point of contact with regard to contractual matters, including payment of any and all charges resulting
from the anticipated Grant. All subcontractors used by the Grantee in performing the project shall be
subject to the provisions of this Agreement and shall be qualified to perform the duties required.

For all Subawards - 2 CFR 200.331 – 200.333 Subrecipient Monitoring and Management All pass-
through entities must:

A) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes
the following information at the time of the subaward and if any of these data elements change,
include the changes in subsequent subaward modification. When some of this information is not
available, the pass-through entity must provide the best information available to describe the Federal
award and subaward. Required information includes:

(1) Federal award identification.
       (i) Subrecipient name (which must match the name associated with its unique entity identifier)

Michigan.gov/EGLE                             Page 5 of 18       EQP1031 (Rev. 12/2022) SRF < $10m
      (ii) Subrecipient's unique entity identifier
      (iii) Federal Award Identification Number (FAIN)
      (iv) Federal Award Date (see the definition of Federal award date in § 200.1 of this part) of
      award to the recipient by the Federal agency
      (v) Subaward Period of Performance Start and End Date
      (vi) Subaward Budget Period Start and End Date
      (vii) Amount of Federal Funds Obligated by this action by the pass-through entity to the
      subrecipient
      (viii) Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity
      including the current financial obligation
      (ix) Total Amount of the Federal Award committed to the subrecipient by the pass-through
      entity
      (x) Federal award project description, as required to be responsive to the Federal Funding
      Accountability and Transparency Act (FFATA)
      (xi) Name of Federal awarding agency, pass-through entity, and contact information for
      awarding official of the Pass-through entity
      (xii) Assistance Listings number and Title; the pass-through entity must identify the dollar
      amount made available under each Federal award and the Assistance Listings Number at time
      of disbursement
      (xiii) Identification of whether the award is R&D; and
      (xiv) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per §
      200.414

(2) All requirements imposed by the pass-through entity on the subrecipient so that the Federal award
is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal
award

(3) Any additional requirements that the pass-through entity imposes on the subrecipient in order for
the pass-through entity to meet its own responsibility to the Federal awarding agency including
identification of any required financial and performance reports.
(4) (i) An approved federally recognized indirect cost rate negotiated between the subrecipient and
the Federal Government. If no approved rate exists, the pass-through entity must determine the
appropriate rate in collaboration with the subrecipient, which is either:
      (A) The negotiated indirect cost rate between the pass-through entity and the subrecipient;
      which can be based on a prior negotiated rate between a different PTE and the same
      subrecipient. If basing the rate on a previously negotiated rate, the pass-through entity is not
      required to collect information justifying this rate, but may elect to do so;
      (B) The de minimis indirect cost rate.
      (ii) The pass-through entity must not require use of a de minimis indirect cost rate if the
      subrecipient has a Federally approved rate. Subrecipients can elect to use the cost allocation
      method to account for indirect costs in accordance with § 200.405(d).


Michigan.gov/EGLE                              Page 6 of 18     EQP1031 (Rev. 12/2022) SRF < $10m
(5) A requirement that the subrecipient permit the pass-through entity and auditors to have access to
the subrecipient's records and financial statements as necessary for the pass-through entity to meet
the requirements of this part,
(6) Appropriate terms and conditions concerning closeout of the subaward.


B) Evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the
terms and conditions of the subaward for purposes of determining the appropriate subrecipient
monitoring described in paragraphs (d) and (e) of this section, which may include consideration of
such factors as:
(1) The subrecipient's prior experience with the same or similar subawards;
(2) The results of previous audits including whether or not the subrecipient receives a Single Audit in
accordance with Subpart F of this part, and the extent to which the same or similar subaward has
been audited as a major program.
(3) Whether the subrecipient has new personnel or new or substantially changed systems.
(4) The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also
receives Federal awards directly from a Federal awarding agency).


C) Consider imposing specific subaward conditions upon a subrecipient if appropriate as described in
§ 200.208.


D) Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for
authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions
of the subaward; and that subaward performance goals are achieved. Pass-through entity monitoring
of the subrecipient must include:
(1) Reviewing financial and performance reports required by the pass-through entity.
(2) Following-up and ensuring that the subrecipient takes timely and appropriate action on all
deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity
detected through audits, on-site reviews, and written confirmation from the subrecipient, highlighting
the status of actions planned or taken to address Single Audit findings related to the particular
subaward.
(3) Issuing a management decision for applicable audit findings pertaining only to the Federal award
provided to the subrecipient from the pass-through entity as required by § 200.521.
(4) The pass-through entity is responsible for resolving audit findings specifically related to the
subaward and not responsible for resolving crosscutting findings. If a subrecipient has a current
Single Audit report posted in the Federal Audit Clearinghouse and has not otherwise been excluded
from receipt of Federal funding (e.g., has been debarred or suspended), the pass-through entity may
rely on the subrecipient's cognizant audit agency or cognizant oversight agency to perform audit
follow-up and make management decisions related to cross-cutting findings in accordance with
section § 200.513(a)(3)(vii). Such reliance does not eliminate the responsibility of the pass-through
entity to issue subawards that conform to agency and award-specific requirements, to manage risk
through ongoing subaward monitoring, and to monitor the status of the findings that are specifically
related to the subaward.

Michigan.gov/EGLE                            Page 7 of 18       EQP1031 (Rev. 12/2022) SRF < $10m
E) Depending upon the pass-through entity's assessment of risk posed by the subrecipient (as
described in paragraph (b) of this section), the following monitoring tools may be useful for the pass-
through entity to ensure proper accountability and compliance with program requirements and
achievement of performance goals:
(1) Providing subrecipients with training and technical assistance on program-related matters; and
(2) Performing on-site reviews of the subrecipient's program operations;
(3) Arranging for agreed-upon-procedures engagements as described in § 200.425.


F) Verify that every subrecipient is audited as required by Subpart F of this part when it is expected
that the subrecipient's Federal awards expended during the respective fiscal year equaled or
exceeded the threshold set forth in § 200.501.


G) Consider whether the results of the subrecipient's audits, on-site reviews, or other monitoring
indicate conditions that necessitate adjustments to the pass-through entity's own records.
(h) Consider taking enforcement action against noncompliant subrecipients as described in § 200.339
of this part and in program regulations.


H) 200.333 Fixed amount subawards
With prior written approval from the Federal awarding agency, a pass-through entity may provide
subawards based on fixed amounts up to the Simplified Acquisition Threshold, provided that the
subawards meet the requirements for fixed amount awards in §200.201 Use of grant agreements
(including fixed amount awards), cooperative agreements, and contracts.


IX. NON-DISCRIMINATION

The Grantee shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended,
MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL
37.1101 et seq., and all other federal, state, and local fair employment practices and equal
opportunity laws and covenants that it shall not discriminate against any employee or applicant for
employment, to be employed in the performance of this Agreement, with respect to his or her hire,
tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to
employment, because of his or her race, religion, color, national origin, age, sex, height, weight,
marital status, or physical or mental disability that is unrelated to the individual’s ability to perform the
duties of a particular job or position. The Grantee agrees to include in every subcontract entered into
for the performance of this Agreement this covenant not to discriminate in employment. A breach of
this covenant is a material breach of this Agreement.

X. UNFAIR LABOR PRACTICES

The Grantee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278,
as amended, MCL 423.321 et seq.



Michigan.gov/EGLE                               Page 8 of 18       EQP1031 (Rev. 12/2022) SRF < $10m
XI. LIABILITY

(A) The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or
costs arising out of activities to be carried out by the Grantee under this Agreement, if the liability is
caused by the Grantee, or any employee or agent of the Grantee acting within the scope of their
employment or agency.


(B) Nothing in this Agreement should be construed as a waiver of any governmental immunity by the
Grantee, the State, its agencies, or their employees as provided by statute or court decisions.


XII. CONFLICT OF INTEREST


No government employee, or member of the legislative, judicial, or executive branches, or member of
the Grantee’s Board of Directors, its employees, partner agencies, or their families shall benefit
financially from any part of this Agreement.


XIII.   ANTI-LOBBYING

If all or a portion of this Agreement is funded with federal funds, then in accordance with 2 CFR 200,
as appropriate, the Grantee shall comply with the Anti-Lobbying Act, which prohibits the use of all
project funds regardless of source, to engage in lobbying the state or federal government or in
litigation against the State. Further, the Grantee shall require that the language of this assurance be
included in the award documents of all subawards at all tiers.

If all or a portion of this Agreement is funded with state funds, then the Grantee shall not use any of
the grant funds awarded in this Agreement for the purpose of lobbying as defined in the State of
Michigan’s lobbying statute, MCL 4.415(2). “‘Lobbying’ means communicating directly with an official
of the executive branch of state government or an official in the legislative branch of state government
for the purpose of influencing legislative or administrative action.” The Grantee shall not use any of
the grant funds awarded in this Agreement for the purpose of litigation against the State. Further, the
Grantee shall require that language of this assurance be included in the award documents of all
subawards at all tiers.

XIV.    DEBARMENT AND SUSPENSION

Each eligible applicant must obtain a Unique Entity Identifier (UEI) and maintain an active registration
with the Federal System for Award Management (SAM). The SAM website is:
https://www.sam.gov/SAM.

By signing this Agreement, the Grantee certifies that it has checked the federal
debarment/suspension list at www.SAM.gov to verify that its agents, and its subcontractors:


    (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
        voluntarily excluded from covered transactions by any federal department or the state.

Michigan.gov/EGLE                              Page 9 of 18       EQP1031 (Rev. 12/2022) SRF < $10m
   (2) Have not within a three-year period preceding this Agreement been convicted of or had a civil
       judgment rendered against them 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, as defined in 45 CFR 1185; 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.

   (3) Are not presently indicted or otherwise criminally or civilly charged by a government entity
       (federal, state, or local) with commission of any of the offenses enumerated in subsection (2).

   (4) Have not within a three-year period preceding this Agreement had one or more public
       transactions (federal, state, or local) terminated for cause or default.

   (5) Will comply with all applicable requirements of all other state or federal laws, executive orders,
       regulations, and policies governing this program.

XV. AUDIT AND ACCESS TO RECORDS

Federal Audit Requirements

   (A) (2 CFR 200.501) Audit required. A non-federal entity that expends $750,000 or more during the
       non-Federal entity’s fiscal year in Federal awards must have a single or program specific audit
       conducted for that year in accordance with the provisions of this part

   (B) (2 CFR 200.508) Auditee requirements:
           a. Procure or otherwise arrange for the audit, if required.
           b. Prepare appropriate financial statements, including the schedule of expenditures of
              Federal awards.
           c. Promptly follow up and take corrective action on the audit findings.
           d. Provide the auditor with access to personnel, accounts, books, records, supporting
              documentation, and other information as needed for the auditor to perform the audit.

The State reserves the right to conduct a programmatic and financial audit of the project, and the State
may withhold payment until the audit is satisfactorily completed. The Grantee will be required to
maintain all pertinent records and evidence pertaining to this Agreement, including grant and any
required matching funds, in accordance with generally accepted accounting principles and other
procedures specified by the State. The State or any of its duly authorized representatives must have
access, upon reasonable notice, to such books, records, documents, and other evidence for the
purpose of inspection, audit, and copying. The Grantee will provide proper facilities for such access
and inspection. All records must be maintained through December 31, 2031.

XVI. INSURANCE

(A) The Grantee must maintain insurance or self-insurance that will protect it from claims that may
arise from the Grantee’s actions under this Agreement.
(B) The Grantee must comply with applicable workers’ compensation laws while engaging in activities
authorized under this Agreement.


Michigan.gov/EGLE                            Page 10 of 18        EQP1031 (Rev. 12/2022) SRF < $10m
XVII. OTHER SOURCES OF FUNDING

The Grantee guarantees that any claims for reimbursement made to the State under this Agreement
must not be financed by any source other than the State under the terms of this Agreement. If
funding is received through any other source, the Grantee agrees to delete from Grantee's billings, or
to immediately refund to the State, the total amount representing such duplication of funding.

XVIII. COMPENSATION

(A) A breakdown of costs allowed under this Agreement is identified in Appendix A. The State will pay
the Grantee a total amount not to exceed the amount on page 1 of this Agreement, in accordance with
Appendix A, and only for expenses incurred. All other costs necessary to complete the project are the
sole responsibility of the Grantee.

(B) Expenses incurred by the Grantee prior to the Start Date or after the End Date of this Agreement
are not allowed under the Agreement.

(C) The State will approve payment requests after approval of reports and related documentation as
required under this Agreement.

(D) The State reserves the right to request additional information necessary to substantiate payment
requests.

(E) Payments under this Agreement may be processed by Electronic Funds Transfer (EFT). The
Grantee may register to receive payments by EFT at the SIGMA Vendor Self Service web site
(https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService).

XIX. CLOSEOUT

(A) A determination of project completion, which may include a site inspection and an audit, shall be
made by the State after the Grantee has met any match obligations, satisfactorily completed the
activities, and provided products and deliverables described in Appendix A.


(B) Upon issuance of final payment from the State, the Grantee releases the State of all claims
against the State arising under this Agreement. Unless otherwise provided in this Agreement or by
State law, final payment under this Agreement shall not constitute a waiver of the State’s claims
against the Grantee.

(C) The Grantee shall immediately refund to the State any payments in excess of the costs allowed
by this Agreement.
(D) Any funds received under the authorizing legislation for this program expended by the eligible
applicant in a manner that does not adhere to the American Rescue Plan 117-2 or Uniform Guidance
2 CFR 200, as applicable, shall be returned to the state. If it is determined that an eligible applicant
receiving funds under this act expends any funds under this act for a purpose that is not consistent
with the requirements of the American Rescue Plan, Public Law 117-2, or Uniform Guidance 2 CFR
200, the state budget director is authorized to withhold payment of state funds, in part or in whole,
payable from any state appropriation.
Michigan.gov/EGLE                            Page 11 of 18      EQP1031 (Rev. 12/2022) SRF < $10m
XX. CANCELLATION

This Agreement may be canceled by the State, upon 30 days written notice, due to Executive Order,
budgetary reduction, other lack of funding, upon request by the Grantee, or upon mutual agreement
by the State and Grantee. The State may honor requests for just and equitable compensation to the
Grantee for all satisfactory and eligible work completed under this Agreement up until 30 days after
written notice, upon which time all outstanding reports and documents are due to the State and the
State will no longer be liable to pay the grantee for any further charges to the grant.

XXI. TERMINATION

(A) This Agreement may be terminated by the State as follows.

   (1) Upon 30 days written notice to the Grantee:

       a. If the Grantee fails to comply with the terms and conditions of the Agreement, or with the
          requirements of the authorizing legislation cited on page 1, or the rules promulgated
          thereunder, or other applicable law or rules.
       b. If the Grantee knowingly and willingly presents false information to the State for the purpose
          of obtaining this Agreement or any payment under this Agreement.
       c. If the State finds that the Grantee, or any of the Grantee’s agents or representatives, offered
          or gave gratuities, favors, or gifts of monetary value to any official, employee, or agent of the
          State in an attempt to secure a subcontract or favorable treatment in awarding, amending,
          or making any determinations related to the performance of this Agreement.
       d. If the Grantee or any subcontractor, manufacturer, or supplier of the Grantee appears in the
          register of persons engaging in unfair labor practices that is compiled by the Michigan
          Department of Licensing and Regulatory Affairs or its successor.
       e. During the 30-day written notice period, the State shall withhold payment for any findings
          under subparagraphs a through d, above and the Grantee will immediately cease charging
          to the grant and stop earning match for the project (if applicable).

   (2) Immediately and without further liability to the State if the Grantee, or any agent of the
      Grantee, or any agent of any subcontract is:

       a. Convicted of a criminal offense incident to the application for or performance of a State,
          public, or private contract or subcontract.
       b. Convicted of a criminal offense, including but not limited to any of the following:
          embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen
          property, or attempting to influence a public employee to breach the ethical conduct
          standards for State of Michigan employees.
       c. Convicted under State or federal antitrust statutes; or
       d. Convicted of any other criminal offense that, in the sole discretion of the State, reflects on
          the Grantee’s business integrity.
       e. Added to the federal or state Suspension and Debarment list.

(B) If a grant is terminated, the State reserves the right to require the Grantee to repay all or a portion
of funds received under this Agreement.

Michigan.gov/EGLE                             Page 12 of 18       EQP1031 (Rev. 12/2022) SRF < $10m
XXII. IRAN SANCTIONS ACT

By signing this Agreement, the Grantee is certifying that it is not an Iran linked business, and that its
contractors are not Iran linked businesses, as defined in MCL 129.312.

XXIII. PROTECTED PERSONALLY IDENTIFIABLE INFORMATION (PII) AND THE PRIVACY
ACT.

In accordance with the Uniform Guidance (including but not limited to, sections §200.303 and
§200.338) and the Privacy Act of 1974 (5 U.S.C. § 552a), the recipient is required to take reasonable
measures to safeguard protected personally identifiable information and other information the US
Department of Treasury or State of Michigan designates as sensitive or the recipient considers
sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and
responsibility over confidentiality.

XXIV. STATUTARY CATEGORIES FOR USE OF FISCAL RECOVERY FUND (FRF)

The four statutory categories for use of FRF funds are included below as outlined in the guidance.
The program design has been approved to ensure that the program meets one of the requirements
below. Appendix A provides additional details on eligible uses to ensure it aligns with Treasury’s
guidance.

   (1) To respond to the COVID-19 public health emergency or its negative economic impacts

   (2) To respond to workers performing essential work during the COVID-19 public health
       emergency by providing premium pay to such eligible workers of the recipient, or by providing
       grants to eligible employers that have eligible workers who performed essential work

   (3) For the provision of government services, to the extent of the reduction in revenue of such
       recipient due to the COVID–19 public health emergency, relative to revenues collected in the
       most recent full fiscal year of the recipient prior to the emergency

   (4) To make necessary investments in water, sewer, or broadband infrastructure

Treasury’s Final Rule details compliance responsibilities and provides additional information on
eligible and restricted uses of SLFRF award funds and reporting requirements. Your organization
should review and comply with the information contained in Treasury’s Interim Final Rule, and any
subsequent final rule when building appropriate controls for SLFRF award funds.



Use of Funds Restrictions:
First, a recipient may not use SLFRF funds for a program, service, or capital expenditure that
includes a term or condition that undermines efforts to stop the spread of COVID-19. A program or
service that imposes conditions on participation or acceptance of the service that would undermine
efforts to stop the spread of COVID-19 or discourage compliance with recommendations and
guidelines in CDC guidance for stopping the spread of COVID-19 is not a permissible use of SLFRF
funds.
Michigan.gov/EGLE                             Page 13 of 18       EQP1031 (Rev. 12/2022) SRF < $10m
Second, a recipient may not use SLFRF funds in violation of the conflict-of-interest requirements
contained in the Award Terms and Conditions or the Office of Management and Budget’s Uniform
Guidance, including any self-dealing or violation of ethics rules. Recipients are required to establish
policies and procedures to manage potential conflicts of interest.

Lastly, recipients should also be cognizant that federal, state, and local laws and regulations, outside
of SLFRF program requirements, may apply. Furthermore, recipients are also required to comply with
other federal, state, and local background laws, including environmental laws and federal civil rights
and nondiscrimination requirements, which include prohibitions on discrimination on the basis of race,
color, national origin, sex, (including sexual orientation and gender identity), religion, disability, or age,
or familial status (having children under the age of 18).

XXV. DISCLOSURE OF INFORMATION

All reports and other printed or electronic material prepared by or for the Grantee under the
Agreement will not be distributed without the prior written consent of the State except for items
disclosed in response to a Freedom of Information Act request, Court Order or subpoena.

XXVI. PREVAILING WAGE

This project is subject to the Davis-Bacon Act, 40 U S C 276a, et seq, which requires that prevailing
wages and fringe benefits be paid to contractors and subcontractors performing on federally funded
projects over $2,000 for the construction, alteration, repair (including painting and decorating) of
public buildings or works.

                    FEDERALLY FUNDED PROGRAM-SPECIFIC BOILERPLATE

Funds were added under sections 602 and 603 of section 9901 of the Social Security Act of section
9901 of Public Law No. 117-2, known as American Rescue Plan Act of 2021 (“ARPA”), signed into law
on March 11, 2021 https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-
tribal-governments/state-and-local-fiscal-recovery-funds as the Coronavirus State and Local Fiscal
Recovery Funds (“FRF”). The State of Michigan was awarded $6.54 billion dollars under the Fiscal
Recovery Fund, on May 13, 2021.

OMB Uniform Guidance for Non-federal Agencies Receiving These Funds The U.S. Department of
Treasury has indicated in the Coronavirus State and Local Fiscal Recovery Fund Frequently Asked
Questions that are accessible at U.S. Department of Treasury State and Local Fiscal Recovery Funds,
located at https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf, that the SLFRF
awards are generally subject to the requirements set forth in the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, 2 CRF Part 200 (the “Uniform Guidance”).
All reimbursements requested under this program should be accounted for with supporting
documentation. Eligible applicants should maintain documentation evidencing that the funds were
expended in accordance with federal, state, and local regulations. In accordance with federal Uniform
Guidance, funds received under this program shall be included on the eligible applicant’s Schedule of
Expenditures of Federal Awards (SEFA) and included within the scope of the eligible applicant’s Single
Audit.



Michigan.gov/EGLE                              Page 14 of 18        EQP1031 (Rev. 12/2022) SRF < $10m
Programs are required to follow the Uniform Guidance provisions that are included in the document.
Applicants must review the eCFR Uniform Guidance at https://www.ecfr.gov/current/title-2/subtitle-
A/chapter-II/part-200?toc=1 for complete requirements.

The SLFRF awards are generally subject to the requirements set forth in the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 (the
“Uniform Guidance”). In all instances, your organization should review the Uniform Guidance
requirements applicable to your organization’s use of SLFRF funds, and SLFRF-funded projects. The
following sections provide a general summary of your organization’s compliance responsibilities under
applicable statutes and regulations, including the Uniform Guidance, as described in the 2022 OMB
Compliance Supplement Part 3. Compliance Requirements (issued May 12, 2022).

The Award Terms and Conditions of the SLFRF financial assistance agreement sets forth the
compliance obligations for recipients pursuant to the SLFRF statute, the Uniform Guidance, and
Treasury’s Final Rule. Recipients should ensure they remain in compliance with all Award Terms and
Conditions.




Michigan.gov/EGLE                           Page 15 of 18      EQP1031 (Rev. 12/2022) SRF < $10m
                     PROJECT-SPECIFIC REQUIREMENTS – APPENDIX A

Project Overview:

City-Wide Lead Service Line Replacements (LSLR) and Water Main/LSLR in the Wilcox-Thompson
and Morton Avenue Neighborhoods.

EGLE approved estimated project costs include:

                                  Task                                   Budget
           Asset Management Program / Fiscal Sustainability Costs          $0
           Planning Costs                                                  $0
           Rate Methodology Development Costs                              $0
           Design Engineering Costs                                     $246,132
           Legal/Financial Service Fees                                 $37,205
           Administrative Costs                                           $571
           Bond Counsel Fees                                            $27,668
           Bond Advertisement Costs                                      $2,500
           Bid Advertisement Costs                                         $0
           Capitalized Interest                                            $0
           Land Acquisition/Relocation Costs                               $0
           Land Purchase Costs                                             $0
           Construction Engineering Costs                               $585,036
           Construction Costs (bid contracts)                          $7,463,375
           Construction Costs (force account)                              $0
           Equipment Costs                                                 $0
           Other Project Costs                                             $0
           Contingencies                                                $502,477
           LESS Other Sources of Funding                                  ($0)

           DWSRF Eligible Project Cost Subtotal                        $8,865,000
           DWSRF Loan No. 7467-01 Amount                              ($5,628,495)
           Total Grant Amount*                                         $3,236,505


*ARP-SRF grant funds cannot exceed $20 million per project.

Michigan.gov/EGLE                           Page 16 of 18     EQP1031 (Rev. 12/2022) SRF < $10m
Indirect costs are not allowed under this agreement.

Grantees must obligate all funds to any subrecipients by December 31, 2024. Therefore, all grantees
must have a signed contract in place with all contracted parties for the work to be completed with
these grant funds by December 31, 2024. All work pertaining to this project must be completed by
December 31, 2026. 

Program-specific Requirements:

The ARP-SRF grant provides assistance related to DWSRF Loan No. 7467-01 Therefore, in addition
to the requirements in this Agreement, the requirements for the DWSRF loan apply to the ARP-SRF
grant; reference the conditions in the loan documents.

The project scope for the ARP-SRF grant and the DWSRF loan are the same; eligible project costs
will be disbursed for the ARP-SRF grant until those awarded funds are exhausted, and the remainder
of the eligible project costs will be financed through the DWSRF loan, up to the Order of Approval
(OOA) amount. Applicants will ensure there is no overlap in funding/financing sources when
requesting reimbursement.

Grant Administration and Close Out:

As mentioned previously, in Section IV, GRANTEE DELIVERABLES AND REPORTING
REQUIREMENTS, the Grantee must complete and submit financial and progress reports and must
include supporting documentation of eligible project expenses. Reports shall include the SRF
Disbursement Request Form with supporting cost documentation (i.e., vendor invoices), a report
including a brief description of work completed during the reporting period, and any delays occurred
or anticipated. Reports shall be due within 15 days of the end of each monthly reporting period. If
applicant chooses not to submit reimbursement requests monthly, the EGLE project manager must
be notified that no submission will be completed for the month.

The Grantee will submit for reimbursement on the SRF Disbursement Request Form, and EGLE will
convert it to the standard grant Financial Status Report Form for internal processing purposes.

The Grantee must provide a final project report, which shall include a summary of work completed
utilizing grant funds. The Grantee shall submit the final status report, including the SRF Disbursement
Request Form with all supporting documentation for expenses, along with the final project report and
any other outstanding products within 30 days of substantial completion of the grant-funded portion of
the project or the end date of the agreement, whichever occurs first.

Grantee may be required to repay a portion of the grant if project costs come in under budget. The
overall grant/loan percentage must be retained through project completion. Any grant costs that
exceed the original grant/loan percentage can be applied to the loan up to the final loan amount.

Grant information including grantee name, grant award amount, and a project summary will be shared
with the legislature and posted on EGLEs website.




Michigan.gov/EGLE                           Page 17 of 18      EQP1031 (Rev. 12/2022) SRF < $10m
  If you need this information in an alternate format, contact [email protected] or
  call 800-662-9278.
  EGLE does not discriminate on the basis of race, sex, religion, age, national origin, color,
  marital status, disability, political beliefs, height, weight, genetic information, or sexual
  orientation in the administration of any of its programs or activities, and prohibits intimidation
  and retaliation, as required by applicable laws and regulations. Questions or concerns should
  be directed to the Nondiscrimination Compliance Coordinator at EGLE-
  [email protected] or 517-249-0906.
  This form and its contents are subject to the Freedom of Information Act and may be released
  to the public.




Michigan.gov/EGLE                           Page 18 of 18       EQP1031 (Rev. 12/2022) SRF < $10m
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22, 2023            Title: Vehicle Purchases

Submitted By: Joe Buckingham, Equipment             Department: DPW
Supervisor

Brief Summary: Staff requests approval to purchase three vehicles using budgeted funds from the
General and Equipment funds.



Detailed Summary & Background: The Equipment Division is seeking approval to purchase three
(3) administration vehicles from Lunghammer Ford using the Mi-Deal state bid-based pricing. One
of these vehicles will be purchased by the Recreation Department for internal use while the other
two will be assigned out by the Equipment department.




Goal/Focus Area/Action Item Addressed: Sustainability in Financial Practices and Infrastructure



Amount Requested: $82,005                           Budgeted Item:
                                                    Yes          No            N/A

Fund(s) or Account(s): 101-775 ($27,335) Rec        Budget Amendment Needed:
                       642-563 ($54,670) Equip      Yes          No            N/A

Recommended Motion: To approve the purchase of three vehicles from Lunghammer Ford for a
total of $82,005 from the General and Equipment funds.

Approvals:                                          Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                              Yes

Other Division Heads                                No

Communication
Legal Review
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22, 2023            Title: Vehicle Purchase

Submitted By: Joe Buckingham, Equipment             Department: DPW
Supervisor

Brief Summary: Staff requests approval to purchase a skid steer using budgeted Equipment funds.




Detailed Summary & Background: The Equipment Division is seeking approval to purchase (1)
Skid Steer Loader from Michigan Caterpillar from the Sourcewell pricing contract. This piece of
equipment will be used at the beach for sand removal/maintenance, DPW building for ground
maintenance and vehicle loading as well as snow removal downtown and surrounding areas.




Goal/Focus Area/Action Item Addressed: Sustainability in Financial Practices and Infrastructure.



Amount Requested: $73,222.73                        Budgeted Item:
                                                    Yes          No           N/A

Fund(s) or Account(s): Equipment Fund               Budget Amendment Needed:
                          661-563                   Yes          No           N/A

Recommended Motion: To approve the purchase of (1) one Skid Steer Loader from Michigan
Caterpillar.



Approvals:                                          Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                              Yes

Other Division Heads                                No

Communication
Legal Review
                          Agenda Item Review Form
                           Muskegon City Commission
Commission Meeting Date: August 22, 2023                 Title: SHPO CLG Grant Agreement

Submitted By: Dan VanderHeide                            Department: Public Works

Brief Summary: Staff is requesting approval to enter into the attached Certified Local Government (CLG)
Grant Agreement in order to obtain $55,000 from the State Historic Preservation Office (SHPO) with the
Michigan Strategic Fund (MSF) for monument conservation work at Hackley Park.

Detailed Summary & Background: At the January 10th, 2023 meeting, Commission approved the submittal
of a grant application to the State Historic Preservation Office (SHPO) for monument conservation work at
Hackley Park. The City was selected for a $55,000 award, and will need to pay $22,440 in matching funds
as a part of the grant agreement. Due to an electronic signature requirement, the DPW Director will need
to sign.
The grant will allow us to complete recommended conservation work at the 5 sculptures within Hackley
Park. The plan is to also completed work on the McKinley Statue and the Kearny Statue as they are of
similar age and condition. These two structures are ineligible for grant funding (McKinley is privately
owned, and Kearny is outside the designated historic district boundary). The owners of the McKinley
statue are aware of this and have agreed to participate in the cost for that piece, the cost for the work at
Kearny will be a city responsibility but is ineligible to count towards the match.
The conservator’s report, included at the end of the agreement, estimates the work on all 7 monuments
at $81,520. With articulated or boom lifts and estimated cost increases over the past year the total
project is estimated at $105,000. The City portion, including match, is $50,000.

Goal/Focus Area/Action Item Addressed: Destination Community & Quality of Life



Amount Requested: $50,000                                Budgeted Item:
                                                         Yes           No            N/A

Fund(s) or Account(s): 101 (Capital Plan                 Budget Amendment Needed:
Budget)
                                                         Yes           No            N/A

Recommended Motion: To approve the Certified Local Government Grant Agreement as presented
including authorizing the DPW Director to sign.

Approvals:                                               Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                                   Yes

Other Division Heads                                     No

Communication
Legal Review
DocuSign Envelope ID: 1C2D77AB-5844-473F-BC42-E533EA04ED69




                                                      STATE OF MICHIGAN

                                                 MICHIGAN STRATEGIC FUND

                                 CERTIFIED LOCAL GOVERNMENT GRANT AGREEMENT

                          FOR THE HACKLEY PARK MONUMENT CONSERVATION PROJECT

                                                    TO BE PERFORMED BY

                                                      CITY OF MUSKEGON


                 This Certified Local Government Grant Agreement (this “Agreement”), CFDA No. 15.904, Contract No.
            CG23-456 is made on July 27, 2023 by and between the MICHIGAN STRATEGIC FUND (the “MSF”) and
            the CITY OF MUSKEGON (the “Subgrantee”) who take notice that:


                 The STATE HISTORIC PRESERVATION OFFICE (the “SHPO”) (the SHPO, the MSF collectively, the
            “Grantee”) was transferred to the MSF pursuant to Executive Order 2019-13. The SHPO is authorized by
            the UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE (the “Grantor”),


                                      In Process
            pursuant to the National Historic Preservation Act of 1966; Pub. L. No. 89-665, as amended by Pub. L. No.
            96-515; 54 USC §100101 et seq. (the “Act”), as amended, to provide funding and support to Certified Local
            Governments for historic preservation projects or programs of the Certified Local Governments.


                 The Grantee desires to aid the Subgrantee in its efforts to protect and rehabilitate five bronze and
            granite monuments in Hackley Park (the “Historic Property”), which is listed in the National Register of
            Historic Places; and


                  The Subgrantee desires to be aided with these activities as provided in this Agreement.


                 THEREFORE, IT IS AGREED BETWEEN THE PARTIES TO THIS AGREEMENT AS FOLLOWS:
DocuSign Envelope ID: 1C2D77AB-5844-473F-BC42-E533EA04ED69



                                                        SECTION I
                                               PROJECT WORK SPECIFICATIONS

                A.    Project Objective. The objective of this project is for the Subgrantee to hire a contractor to
                      complete necessary conservation work on the bronze and granite monuments in Hackley Park
                      as detailed in the Scope of Work, attached hereto and incorporated into this Agreement as
                      Exhibit A (the “Project Work”).


                B. Project Site, Construction, Maintenance and Preservation Efforts. The Project Work shall be
                     performed on the Historic Property located at 350 West Webster Avenue, Muskegon, Michigan
                     49940.

                     The Subgrantee agrees to obtain written permission from the Grantee prior to beginning any
                     construction, maintenance, or preservation efforts on the Historic Property. The Subgrantee further
                     agrees to restore, rehabilitate, preserve and otherwise maintain the Historic Property, at its own
                     expense, consistent with the U.S. Secretary of Interior’s Standards for Rehabilitation and
                     Guidelines for Rehabilitating Historic Buildings (Revised 1990) (the “Standards”) and with the
                     Department of Interior’s Preservation Briefs for structural components considered historically
                     significant.
                                      In Process
                                    Upon completion of any construction, maintenance, or preservation efforts, the
                     Subgrantee shall furnish written documentation of the results to the Grantee and shall permit the
                     Grantee and Grantor access to the Historic Property for inspection. The Subgrantee shall also
                     permit the Grantee and Grantor to conduct an annual inspection of the Historic Property. This
                     provision shall continue in duration beyond the End Date.

                C. Permits and Licenses. The Subgrantee shall be responsible for obtaining any and all permits,
                     licenses or other proper authorization or permission-related documents required for the
                     performance of this Agreement.

                D. Ownership. All documents and reports delivered to the Grantee under this Agreement shall
                     become and be the property of the Grantee.

                                                       SECTION II
                                              PERFORMANCE OF PROJECT WORK

                A. Period of Performance. Because federal budgetary constraints require the completion of the
                     Project Work by a date certain, TIME IS OF THE ESSENCE to this Agreement. The performance
                     of the Project Work shall begin on or after the execution of this Agreement by the Grantee and shall
                     be completed no later than September 30, 2025 (the “End Date”). Failure of the Subgrantee to
                     satisfactorily complete all Project Work and activities, in the Grantee’s sole discretion, by the End
                     Date shall render this Agreement voidable at the option of the Grantee. In the event this Agreement
                     is voided, the Subgrantee shall not be entitled to any reimbursement under the terms of this
                     Agreement. The End Date shall not be extended. Nothing in this provision shall be construed to
                     limit or restrict the Grantee's right to terminate this Agreement for cause in accordance with Section
                                                                 Page 2 of 48
DocuSign Envelope ID: 1C2D77AB-5844-473F-BC42-E533EA04ED69



                     XIII where the Subgrantee would be entitled to reimbursement in accordance with Section XII of
                     this Agreement.

                B. Project Representatives.        The Subgrantee designates the following individuals as project
                     representative for all matters concerning this Agreement:
                                             Dan VanderHeide
                                             DPW Director
                                             City of Muskegon
                                             1350 E Keating Avenue
                                             Muskegon, MI 49443
                                             Phone: (231) 724-6993
                                             Email: [email protected]


                     The Grantee designates the following individual as project representative to be the initial point of
                     contact for all matters concerning this Agreement:
                                            Alan Higgins
                                            Grants Manager/Budget Specialist
                                            State Historic Preservation Office
                                            Michigan Strategic Fund
                                            300 N. Washington Square
                                            Lansing, MI 48913

                                       In Process
                                            Phone: (517) 256.4358
                                            Email: [email protected]

                     Except for changes to the performance schedule (the “Performance Schedule”), attached hereto
                     and incorporated into this Agreement as Exhibit B, (excluding the End Date), the designated project
                     representatives shall have no authority to make promises or binding obligations either for the
                     Grantee or the Subgrantee, as such authority rests with the duly authorized persons executing this
                     Agreement on behalf of the respective parties.

                C. Employees of Subgrantee/Contractor or Key Persons.
                       1. The Subgrantee and its employees, agents, and independent contractors acknowledge that
                           2007 PA 95, MCL 38.68c requires retirees of the State Employees Retirement System
                           (“Pensioned Retirees”) who become employed by the State either directly or indirectly
                           through a contractual arrangement with another party on or after October 1, 2007 to forfeit
                           their state pension for the duration of their reemployment. PENSIONED RETIREES WHO
                           PROVIDE OR RENDER SERVICES PURSUANT TO THIS AGREEMENT MAY HAVE TO
                           FOREFEIT THEIR PENSIONS. THE SUBGRANTEE, ANY CONTRACTOR(S), AND ANY
                           SUBCONTRACTOR(S) ACKNOWLEDGE THAT ALL PENSIONED RETIREES THEY
                           EMPLOY HAVE BEEN ADVISED TO SEEK LEGAL COUNSEL TO DETERMINE IF THEY
                           ARE AFFECTED.BY PUBLIC ACT 95 OF 2007.                          THE SUBGRANTEE,           ANY
                           CONTRACTOR(S), ANY SUBCONTRACTOR(S) AND ANY PENSIONED RETIREES THEY
                           EMPLOY ACKNOWLEDGE AND AGREE THAT NEITHER THE STATE, NOR THE
                           GRANTEE, NOR ITS EMPLOYEES, DIRECTORS, AGENTS NOR BOARD SHALL BE
                           LIABLE TO THE SUBGRANTEE, ANY CONTRACTOR(S), ANY SUBCONTRACTOR(S) OR
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                           PENSIONED RETIREE IN THE EVENT A PENSIONED RETIREE(S) FORFEITS HIS OR
                           HER PENSION.


                D. Subcontracts.       In accordance with the bidding procedures in the Grantee's Certified Local
                     Government Grant Manual (the “Grant Manual”), the Subgrantee, with the approval of the Grantee,
                     may subcontract for the performance of the activities prescribed in this Agreement.                 The
                     Subgrantee shall provide written notice to the Grantee of its bidding process and shall obtain
                     approval from the Grantee before the bid process begins. Written notice shall be provided on three
                     (3) separate occasions:
                       1. Before the bidding process begins. Notice shall consist of the Subgrantee's bid specifications
                           and a description of the bidding process the Subgrantee intends to follow;
                       2. Before a winning bid proposal is selected. Notice shall consist of copies of the bid proposals
                           received by the Subgrantee and rationale for selection of the subcontractor; and
                       3. After the Subgrantee has awarded a contract to a subcontractor approved by the Grantee.
                           Notice shall contain a copy of the subcontract entered between the Subgrantee and its
                           subcontractor.



                                      In Process
                     The subcontract shall incorporate all the provisions of this Agreement by reference and/or
                     attachment. Neither the decision to subcontract nor the consent of the Grantee to subcontracting
                     shall modify the obligations of the Subgrantee under this Agreement. The Subgrantee shall be fully
                     responsible for the noncompliance with this Agreement by its subcontractors and by persons
                     directly or indirectly acting for such subcontractors the same as it is for the noncompliance
                     attributable to the Subgrantee and persons acting for the Subgrantee.
                           The Subgrantee shall insert into each subcontract executed in connection with this
                     Agreement appropriate and enforceable provisions requiring compliance with this Agreement by
                     the subcontractor and the persons acting for it. Throughout the performance of any subcontracts,
                     the Subgrantee shall monitor and verify the compliance of all subcontractors and persons acting
                     for them and shall immediately take any affirmative or remedial measures prescribed by the
                     Grantee or otherwise deemed necessary in the opinion of the Subgrantee for enforcing compliance
                     under such subcontracts.
                           Pursuant to 1980 PA 278; MCL 423.322 et seq., the Subgrantee, in performing its duties
                     under this Agreement, shall not enter into a contract with a subcontractor, manufacturer, or supplier
                     listed in the register maintained by the State of Michigan, Department of Licensing and Regulatory
                     Affairs, of employers who have been found in contempt of court by a federal court of appeals, on
                     not less than three (3) occasions involving different violations during the preceding seven (7) years,
                     for failing to correct an unfair labor practice as prohibited by Section 8 of Chapter 372 of the National
                     Labor Relations Act, 29 USC §158. The Grantee may void this Agreement if the name of the
                     Subgrantee or the name of a subcontractor, manufacturer, or supplier used by the Subgrantee in
                     performing this Agreement subsequently appears in the register during the period of this
                     Agreement.
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                           The Subgrantee shall neither employ nor subcontract for a service under this Agreement with
                     a party who is debarred or suspended under state or federal law, including but not limited to
                     suspensions or debarments by the Grantee under Grantee Rules and/or as described in 43 C.F.R.
                     Part 12 et seq.
                           The Subgrantee shall perform cost or price analysis in connection with every proposed
                     subcontract, including subcontract modifications. Each subcontract entered into shall provide for
                     the payment of a specific amount of money for goods or services rendered. Costs or prices may
                     be based on estimated costs to the extent that costs incurred or cost estimates are consistent with
                     cost principles. The Subgrantee shall not enter into any subcontract that has been valued on the
                     basis of the subcontractor's cost plus a cost percentage, nor which has been valued on the basis
                     of a percentage of construction costs.

                E. Records Maintenance and Disclosure. The Subgrantee and its subcontractors shall properly
                     maintain such project records and accounts as are prescribed by the Grantor or the Grantee. These
                     records shall include but are not limited to: documentation of the receipt and disbursement of all
                     funds involved in the grant; documentation of compliance with the terms of this Agreement; and
                     documentation of employment practices and procedures. The Grantee may prescribe the requisite


                                       In Process
                     form of all such records to be maintained by the Subgrantee.
                           The Subgrantee shall be responsible for the maintenance and retention of proper records by
                     its subcontractors. Upon request of the Grantor, the Grantee, the Comptroller General of the United
                     States, or any of their duly authorized representatives (the “Agencies”), the Subgrantee and its
                     subcontractors shall provide for and facilitate the Agencies access to, audit of, excerpts of,
                     transcription of and examination of all books, audit reports, or records maintained in connection
                     with the Grant. Each record must be retained and be available for inspection for three (3) years
                     after final reimbursement is made by the Grantee under this Agreement and all pending matters
                     are closed (the “Retention Period”). However, if any records are involved in any litigation, claim, or
                     audit which arises before the expiration of the Retention Period, the records shall be retained until
                     all litigation, claims, or audit findings involving the records have been resolved or until the end of
                     the Retention Period, whichever is later. The Agencies, upon request, shall be furnished with a
                     copy of any such books and records.
                           All records pertinent to this Grant are subject to public disclosure under the federal Freedom
                     of Information Act, 5 U.S.C. § 552, as amended, unless determined to be exempt under that statute,
                     the Act, and the Michigan Freedom of Information Act; 1976 PA 442; MCL 15.231 et seq. The
                     Subgrantee shall insert the provisions of this section into any subcontract entered into to
                     accomplish the terms of this Agreement.


                F. Repayment of Funds. If at any time before the expiration of the Retention Period it is determined
                     that the terms of this Agreement were not complied with or a claimed cost is disallowed following
                     an audit, the Subgrantee shall immediately repay the funds at issue upon demand by the Grantee.


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                G. Reports. The Subgrantee shall promptly submit to the project representative designated by either
                     the Grantor or the Grantee any reports prescribed by this Agreement. Such reports shall include
                     but not be limited to: progress reports; a report of all receipts; expenditures; project activities and
                     accomplishments, including a comparison of the final budget to the approved project budget (the
                     “Project Budget”), attached and incorporated into this Agreement as Exhibit C; and supporting
                     documentation for claimed reimbursements.         The Grantor or the Grantee shall prescribe the
                     requisite form and content of reports and shall designate the dates on which the reports are to be
                     submitted by the Subgrantee.
                           Prior to the End Date, the Subgrantee shall submit to the Grantee both a final project
                     completion report and a final and proper claim for expenditure reimbursement which shall be
                     supported by documentation of the expenditures claimed.
                           If the End Date occurs in a fiscal year subsequent to the State of Michigan fiscal year in which
                     this Agreement is executed, or is extended into a new fiscal year, the Subgrantee shall submit to
                     the Grantee, by September 15th of the current year (1) a complete documentation of the first fiscal
                     year's expenditures and (2) a progress report for the completion material described in this
                     Agreement for that project period.



                                      In Process
                H. Audit. All local units of government receiving $750,000.00 or more in federal grants or aid in a
                     fiscal year shall comply with the audit requirements of the federal Office of Management and Budget
                     as provided in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements
                     for Federal Rewards; 2 C.F.R. Part 200.500-200.521, Subpart F – Audit Requirements. Schedules
                     of findings and questioned costs shall be submitted to the Grantee within 30 days after completion
                     of the audit, but no later than nine (9) months after the end of the state's fiscal year in which the
                     project was completed.
                           If an audit identifies any questioned costs in connection with the Project Work, the
                     Subgrantee shall forward to the Grantee copies of the schedules of findings and questioned costs,
                     accompanied by a check made payable to the Grantee in an amount equal to the funds which the
                     Subgrantee received under this Agreement that are deemed a disallowed reimbursement through
                     the audit.

                I.   Inspection of Project Work. The Agencies shall, at all times during the term of this Agreement,
                     retain the right to monitor and inspect all Project Work, documents, reports, and activities provided
                     for in this Agreement at reasonable times and upon reasonable notice. Upon request of the
                     Agencies, the Subgrantee and its subcontractors shall provide for and facilitate the Grantor's or the
                     Grantee's access to, audit of, excerpts of, transcription of and examination of the Project Work,
                     documents, reports, and activities undertaken pursuant to this Agreement or to any documentation
                     as, in the judgment of the Grantee or the Grantor's representatives, may be relevant to a question
                     of compliance with this Agreement, or the effectiveness, legality, or achievements of the
                     grant-assisted program.     The Subgrantee shall insert the provisions of this section into any
                     subcontract entered into to accomplish the terms of this Agreement.

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                J. Prohibited Interests and Conflicts of Interest. The award and administration of this Agreement
                     shall be accomplished free from bribery, graft, kickbacks, and other corrupt practices as provided
                     in the Copeland “Anti-Kickback” Act, 18 U.S.C. § 874, and as supplemented by U.S. Department
                     of Labor regulations, set forth at 29 C.F.R. Part 3.
                           In addition, every official, officer, agent, consultant, or employee of the Grantee who
                     exercises or has exercised any functions or responsibilities with respect to this Agreement or who
                     is in a position to gain information not generally available to the general public with regard to this
                     Agreement or who is authorized in an official capacity to negotiate, make, approve, or to take part
                     in decisions regarding a subgrant, contract, subcontract, or other agreement in connection with this
                     Agreement or the Project Work shall be prohibited from having any apparent or real financial or
                     personal interest or benefit in such grants, contracts, and agreements. No member, officer, or
                     employee of the Grantee, including the Board, shall have any interest in this Agreement or the
                     proceeds thereof, except that such persons may provide technical, consultative, or oversight
                     assistance in a voluntary capacity (i.e., unpaid and the time not charged to this Grant).
                           Prior to the execution of this Agreement, the Subgrantee acknowledges and confirms that it
                     has delivered to the Grantee a written list of all interests of the Subgrantee, or its officers,


                                      In Process
                     employees, and subcontractors, which may cause conflicts between the interests of those entities
                     or parties and the interest of the Grantee.        The Subgrantee further acknowledges that its
                     employees, members, shareholders, agents, or subcontractors prior to or during the term of this
                     Agreement are not employees of the State of Michigan or its units. Further, should a conflict of
                     interest arise during the term of this Agreement, the Subgrantee shall contact the Grantee
                     immediately and describe in detail the conflict of interest.

                K. Prohibited Methods and Procedures.               The Subgrantee and its agents, employees, and
                     representatives, in the course of the performance of services under this Agreement, shall not
                     specify, recommend, use, or permit the use of any system, method, plan, design, process,
                     procedure, patent, or copyright which, if used, infringes upon a proprietary interest or necessitates
                     the payment of any royalty, fee, or commission.
                           The Subgrantee shall not use or permit the solicitation for or securing of any agreement or
                     employment in connection with this Agreement upon an agreement or arrangement for payment,
                     either directly or indirectly, of a commission, percentage, brokerage, or contingent fee.
                           No part of the money appropriated by any enactment of Congress shall, in the absence of
                     express authorization by Congress, be used directly or indirectly to pay for any personal service,
                     advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or
                     designed to influence in any manner a member of Congress, to favor or oppose, by vote or
                     otherwise, any legislation or appropriation by Congress, whether before or after the introduction of
                     any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers
                     or employees of the United States or of its departments or agencies from communicating to
                     members of Congress on the request of any member or to Congress, through the proper official

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                     channels, requests for legislation or appropriations which they deem necessary for the efficient
                     conduct of the public business. 18 U.S.C. § 1913.

                L. Environmental Protection Standards.                   The Subgrantee agrees to comply with all pertinent
                     requirements of the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., as amended, and
                     Executive Orders 11288, 11990, and 11988; the Coastal Zone Management Act, 16 U.S.C. § 1451
                     et seq., as amended; the Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended; the
                     Wild and Scenic Rivers Act, 16 U.S.C. § 1271 et seq., as amended; the Clean Air Act, 42 U.S.C. §
                     7401 et seq., as amended; the Clean Water Act, 33 U.S.C. § 1251 et seq., as amended; and the
                     regulations and guidelines issued to implement the foregoing laws.
                            The Subgrantee agrees to promptly notify the Grantee of the receipt of any notice from the
                     Director, Office of Federal Activities, Environmental Protection Agency (the “EPA”), indicating that
                     any facility used or to be used under this Agreement is under consideration for listing or has been
                     listed on the EPA's list of violating facilities.
                            The Subgrantee agrees to require of every subcontractor, if any, the same certifications given
                     above and to insert in every subcontract all other criteria and requirements of this provision.
                     Further, the Subgrantee shall immediately take such affirmative or remedial action as the Grantee


                                        In Process
                     may direct as a means of enforcing such provisions.

                M. Political Activities. The Subgrantee shall not expend any Grant funds for the purchase, lease, or
                     use of equipment or premises for political purposes, for sponsoring or conducting candidate's
                     meeting(s), for engaging in voter registration or voter transportation activity, or for any partisan
                     political activities.

                N. Equal Employment Opportunity.                During performance of this Agreement, the Subgrantee
                     covenants and assures that:
                       1. The Subgrantee and its subcontractors shall comply, and require compliance, with the
                            conditions and obligations imposed on a recipient of federal financial assistance as set forth
                            in Title VI of the Civil Rights Act of 1964; 42 U.S.C. § 2000d et seq.; Americans with
                            Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; Title V, Section 504 of the Rehabilitation
                            Act of 1973, 29 U.S.C. § 794; the rules, regulations, and guidelines promulgated pursuant to
                            those acts; all applicable Executive Orders on equal employment opportunity, especially
                            Executive Order 11246, as amended by Executive Order 11375, and as supplemented in U.
                            S. Department of Labor regulations, 41 C.F.R. Part 60; as well as the following Michigan
                            laws, 1976 PA 220; MCL 37.1101 et seq., and 1976 PA 453; MCL 37.2101 et seq., as
                            amended.
                       2. Neither the Subgrantee nor its subcontractors shall discriminate against an employee or
                            applicant for employment. The Subgrantee and its subcontractors shall take affirmative
                            action to ensure that applicants are employed, and that employees are treated during
                            employment without regard to their religion, race, color, national origin, age, sex, height,
                            weight, disability, familial status, or marital status. Such affirmative action shall include but
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                           not be limited to the following: employment, upgrading, demotion, and transfer; recruitment
                           and recruitment advertising; layoff and termination; rates of pay and other forms of
                           compensation; selection for training, including apprenticeships; and the conditions and
                           privileges of employment.
                       3. Neither the Subgrantee nor its subcontractors shall discriminate against an employee or
                           applicant for employment with respect to hiring, tenure, terms, conditions, or privileges of
                           employment, or a matter directly or indirectly related to employment, because of race, color,
                           religion, national origin, age, sex, height, weight, familial status, marital status, or disability
                           that is unrelated to the individual's ability to perform the duties of a particular job or position.
                           A breach of this covenant shall be regarded as a material breach of this Agreement.
                       4. The Subgrantee and its subcontractors shall post in conspicuous places available to
                           employees and applicants for employment, notices setting forth all provisions of Section II
                           (N.)(1-3).
                                 The Subgrantee and its subcontractors shall post in conspicuous places, available to
                           users of the Subgrantee's facility(s) and program(s), notices setting forth the following or its
                           equivalent:
                                        This program receives Federal financial assistance for identification

                                        In Process
                                        and protection of historic properties. Under Title VI of the Civil Rights
                                        Acts of 1964, Section 504 of the Rehabilitation Act of 1973, and the
                                        Age Discrimination Act of 1975, as amended, the U.S. Department of
                                        the Interior prohibits discrimination on the basis of race, color,
                                        national origin, disability, or age in its federally assisted programs.
                                        Michigan law prohibits discrimination on the basis of religion, race,
                                        color, national origin, age, sex, marital status, or disability. If you
                                        believe you have been discriminated against in any program, activity,
                                        or facility as described above, or if you desire further information,
                                        please write to:

                                                Chief, Office of Equal Opportunity Programs
                                                United States Department of the Interior
                                                National Park Service
                                                1849 C Street, NW, MS-2740
                                                Washington, DC 20240
                       5. The Subgrantee and its subcontractors shall state in all solicitations or advertisements for
                           employment placed by or on behalf of the Subgrantee or its subcontractors in connection
                           with the work and activities described in this Agreement that all qualified applicants will
                           receive consideration for employment without regard to religion, race, color, national origin,
                           age, sex, height, weight, disability, familial status, or marital status which is unrelated to the
                           individual's ability to perform the duties of a particular job or position.
                       6. The Subgrantee shall include the provisions of Section II(N.)(1-5) in all subcontracts for any
                           work covered by this Agreement, so that such provisions shall be binding upon each such
                           subcontractor.
                       7. If the Subgrantee receives a complaint, in writing, alleging Title VI discrimination, the
                           Subgrantee shall, within ten (10) days of receipt, forward the original complaint document to
                           the Office for Equal Opportunity, U.S. Department of the Interior, 1849 C Street, NW, MS-
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                           2740, Washington, DC 20240. The Subgrantee shall likewise forward a copy of the complaint
                           document to the Grantee.
                       8. The Subgrantee shall be fully accountable and responsible for ascertaining, implementing,
                           and enforcing compliance with the enumerated provisions for equal employment opportunity.
                           Breach of any covenant and assurance set forth in Section II(N.)(1-7) shall constitute a
                           material and substantial breach of this Agreement and is cause for voiding this Agreement
                           at the option of the Grantee.
                       9. The Subgrantee shall file with the Grantee a statement showing that there is a reasonable
                           representation of minorities and women in all levels of the Subgrantee's work force and
                           pledging that there exists equal opportunity to participate in and enjoy the benefits of all
                           programs and activities without regard to religion, race, color, national origin, age, sex,
                           height, weight, disability, familial status, or marital status.
                       10. The Subgrantee agrees to abide by and to assure that each subcontract construction firm
                           with a contract of Ten Thousand Dollars ($10,000.00) or more abide by the provisions of the
                           following attached and incorporated Exhibits to this Agreement:
                           a.   Exhibit D – Notice of Requirement for Affirmative Action to Ensure Equal Employment
                                Opportunity.

                           b.
                                        In Process
                                Exhibit E – The Standard Federal Equal Employment Opportunity Construction Contract
                                Specifications.

                           c.   Exhibit F – Equal Opportunity Clause.
                           d.   Exhibit G – Certification of Nonsegregated Facilities.
                       11. The Subgrantee agrees to ensure that personnel decisions are in accordance with the
                           following:
                           a.   Uniform Guidelines on Employee Selection Procedures (1978); Section 60-3, Uniform
                                Guidelines on Employee Selection Procedure (1978); 43 Fed. Reg. 38295 (August 25,
                                1978).
                           b.   Sex Discrimination Guidelines; 41 C.F.R. § 60-20.
                           c.   Guidelines on Discrimination because of Religion or National Origin; 41 C.F.R. § 60-
                                50.
                      12. The Subgrantee agrees to provide data and reports to the United States Department of
                           Labor, Office of Federal Contract Compliance Programs (“OFCCP”) as required or
                           requested including the following:
                           a.   One-time notification within ten (10) days of all construction projects in the designated
                                geographical area, Federal and non-Federal, by agency, contract number, location,
                                estimated dollar value, percent completed and project completion date.
                           b.   Notification of any subsequent construction work (Federal and non-Federal) in the
                                designated geographical area in excess of Ten Thousand Dollars ($10,000.00).
                           c.   Employment Utilization Report is to be filed monthly (Form CC-257).
                      13. The Subgrantee shall maintain non-segregated facilities.


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                      14. The Subgrantee shall sign and shall require its subcontractors to sign a “Certification of
                            Non-segregated Facilities.”
                      15. The Subgrantee agrees to expressly state in all employment solicitation or advertising that
                            the Subgrantee is an Equal Opportunity Employer.
                      16. The Subgrantee agrees to display an Equal Opportunity Poster.
                      17. The Subgrantee agrees to allow OFCCP personnel access to construction sites, records,
                            and employees for purposes of determining the Subgrantee’s compliance status.
                      18. The Subgrantee agrees to not enter into contracts with contractors debarred from Federal
                            contracts or federally-assisted construction contracts by the U.S. Secretary of Labor.

                O. Civil Rights. The Subgrantee and its subcontractors shall sign a Civil Rights Assurance of
                     Compliance statement and shall post it in conspicuous places, available to employees, applicants
                     for employment, applicants and recipients of program or activity benefits, and users of the
                     Subgrantee's facility(s) and program(s), and shall print in all grant-related handbooks, manuals,
                     pamphlets, and other materials ordinarily distributed to the public, notices setting forth the following
                     or its equivalent:
                                      This program receives Federal financial assistance for identification


                                          In Process
                                      and protection of historic properties. Under Title VI of the Civil Rights
                                      Acts of 1964, Section 504 of the Rehabilitation Act of 1973, and the
                                      Age Discrimination Act of 1975, as amended, the U.S. Department of
                                      the Interior prohibits discrimination on the basis of race, color,
                                      national origin, disability, or age in its federally assisted programs.
                                      Michigan law prohibits discrimination on the basis of religion, race,
                                      color, national origin, age, sex, marital status, or disability. If you
                                      believe you have been discriminated against in any program, activity,
                                      or facility as described above, or if you desire further information,
                                      please write to:

                                               Chief, Office of Equal Opportunity Programs
                                               United States Department of the Interior
                                               National Park Service
                                               1849 C Street, NW, MS-2740
                                               Washington, DC 20240

                P. Project Sign. The Subgrantee shall place not less than one (1) project sign (“the Sign”)
                     acknowledging federal financial assistance in a conspicuous location on the Historic Property site.
                     The Sign shall be erected at the beginning of Project Work and a photograph of the Sign shall be
                     submitted to the Grantee. The Sign shall remain in place for one (1) until the Project Work has
                     been completed. The Sign shall be a minimum of 4’ x 6’ and shall be in keeping with the visual
                     aesthetics of the Historic Property. The Sign shall at a minimum contain (1) the name of the Historic
                     Property, (2) the National Park Service (the “NPS”) funding credits and logo, (3) the Grantee logo,
                     and, if applicable, (4) the Subgrantee logo. The Grantee will provide the Subgrantee with a digital
                     file containing the required content of the Sign, which shall be manufactured by the Subgrantee. If
                     the Subgrantee desires to deviate from the content of the Sign provided in the digital file, such
                     deviation must be approved by the Grantee prior to manufacturing the Sign.


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                Q. Barrier-free Access. The Subgrantee agrees to comply with all pertinent requirements of the
                     federal Architectural Barriers Act of 1968, 42 U.S.C. §4151 et seq., as amended, and the Utilization
                     of Public Facilities by Physically Limited Act of 1966; MCL 125.1351 et seq., as amended, provided,
                     however, that the Subgrantee may seek and obtain approval from the appropriate administrative
                     and enforcement authority for a variance in accordance with the above-referenced statutes. In
                     implementing open public access, reasonable accommodations shall be made in consultation with
                     the SHPO.


                R. Small, Women, and Minority Firms. Affirmative steps shall be taken to assure that small, women,
                     and minority businesses are used when possible as sources of supplies, equipment, construction,
                     and services. Affirmative steps shall include the following:
                       1. Including qualified small, women, and minority businesses on solicitation lists.
                       2. Assuring that small, women, and minority businesses are solicited whenever they are
                           potential sources.
                       3. When economically feasible, dividing total requirements into smaller tasks or quantities so
                           as to permit maximum small, women, and minority business participation.
                       4. Where the requirement permits, establishing delivery schedules which will encourage

                                      In Process
                           participation by small, women, and minority business.
                       5. Using the services and assistance of the federal Small Business Administration and the
                           Office of Minority Business Enterprise of the U.S. Department of Commerce, as required.
                       6. If any subcontracts are to be let, the Subgrantee shall require the prime contractor to take
                           the affirmative steps listed in Section II(R.)(1-5).

                S. Davis-Bacon Act. The Davis-Bacon Act, 40 U.S.C. § 3141 et seq., as amended, applies to
                     construction contracts under the following circumstances:
                      1.   Where General Revenue Sharing funds constitute twenty-five percent (25%) or more of the
                           project cost.
                      2.   Where Community Development Block Grant monies are used as the non-Federal share of
                           a Historic Preservation Fund grant.
                      3.   Where supplemental funding is furnished through a Federal program to which the Davis-
                           Bacon Act applies.

                T. Energy Conservation. The Subgrantee shall recognize and comply with mandatory standards and
                     policies relating to energy efficiency contained in the State of Michigan energy conservation plan
                     issued in compliance with the federal Energy Policy and Conservation Act, PL 94-165. The Grantor
                     may require changes, remedies, changed conditions, access and record retention, and suspension
                     of work clauses approved by the Office of Federal Procurement Policy.

                U. Inventions and Patents. If any Grant-assisted activity or project produces patentable items, rights,
                     processes, or inventions such fact shall be promptly and fully reported to the Grantor. Unless there
                     is a prior agreement between the Subgrantee and the Grantor on disposition of such items, the
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                     Grantor will determine whether protection on the invention or discovery will be sought. The Grantor
                     will also determine how the rights in the invention or discovery, including rights under any patent
                     issued, will be allocated and administered in order to protect the public interest consistent with
                     "Government Patent Policy." 36 Fed. Reg. 16889.

                V. Copyrights.         Except as otherwise provided in the terms of this Agreement, the author or
                     Subgrantee is free to copyright any books, publications, or other copyrightable materials developed
                     in the course of or under this Agreement.             However, such materials shall include an
                     acknowledgment of the Grantor's grant assistance. Further, as a condition of the grant assistance,
                     the Subgrantee agrees to, and awards to the State of Michigan and to the United States
                     Government and their officers, agents, and employees acting within the scope of their official duties
                     (the “Governments”), a royalty-free, nonexclusive, and irrevocable license throughout the world for
                     Government purposes, to publish, translate, reproduce, and use all subject data or copyrightable
                     material based on such data covered by the copyright. The Subgrantee shall not include in the
                     subject data of this Grant any copyrighted matter without the written approval of the copyright
                     owner. Such approval shall include permission for the Governments, above, to use the material in
                     the manner provided above.


                                        In Process
                           Unless otherwise limited in this Agreement, the Governments may, without additional
                     compensation to the Subgrantee, duplicate, use, and disclose all subject data in any manner and
                     for all purposes whatsoever, and allow others to do so.
                           The Governments shall have the right at any time to modify, remove, obliterate, or ignore any
                     marking not authorized by the terms of this Agreement on any piece of subject data furnished under
                     this Grant.
                           The term "subject data" used in this provision includes but is not limited to writings, technical
                     reports, sound recordings, magnetic recordings, computer programs, computerized data bases,
                     pictorial reproductions, plans, drawings, specifications, electronic applications, or other graphical
                     representations, and works of any similar nature (whether or not copyrighted) which are (1)
                     submitted with a proposal or grant application; or (2) specified to be delivered under this
                     Agreement; or (3) developed or produced and paid for in whole or in part by this Agreement. The
                     term does not include financial reports, cost analysis, and other information incidental to grant
                     administration.

                W. Performance Schedule. During the term of this Agreement, the Subgrantee agrees and assures
                     that it shall complete the activities of this Agreement in accordance with the Performance Schedule.

                X. Disclosure of Information. Neither the Subgrantee nor its agents or subcontractors shall disclose
                     information or documents created in connection with this Agreement to any other party, without the
                     prior written consent of the Grantee. Neither the Subgrantee nor its agents or subcontractors shall
                     use information or documents created or maintained in connection with this Agreement to further
                     any private interest other than as contemplated by this Agreement, without the prior written consent
                     of the Grantee.
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                                                        SECTION III
                                       PARTICIPATION IN OTHER GRANTEE PROGRAMS

                 With the exception of providing services to the Grantee as described in this Agreement and the
            attached exhibits incorporated into this Agreement, neither the Subgrantee nor the Subgrantee’s
            employees, agents, officers, directors, shareholders, or members will participate in Grantee programs or
            do business with the Grantee under any program in which the Grantee has a direct or indirect relationship,
            without first securing approval from the Grantee.

                                                        SECTION IV
                                                   PROJECT WORK FUNDING

                A. Sources of Project Funding. The Project Work described in this Agreement shall be financed in
                     part by federal funds to be disbursed by the Grantee (the “Grant”) and in part from other sources
                     available to the Subgrantee. The Grantee, subject to the terms of this Agreement, shall commit an
                     amount not to exceed Fifty-Five Thousand Dollars ($55,000.00) (the “Award”) to complete the
                     Project Work. The Subgrantee shall provide matching funds in the amount of Twenty-Two
                     Thousand Four Hundred Forty Dollars ($22,440.00). The Subgrantee’s match shall be in the form

                                      In Process
                     of cash. The allowability and evaluation of the Subgrantee’s source of funding for its required
                     matching share shall be determined at the sole discretion of the Grantee.

                B. Payment of Grant Funds. The Grantee, subject to the terms of this Agreement, shall pay to the
                     Subgrantee for proper and allowable expenditures made by the Subgrantee in connection with this
                     Agreement, a total reimbursement not to exceed the amount of the Award. The obligation of the
                     Grantee to pay such reimbursement is conditioned upon the Subgrantee meeting all of the following
                     conditions to the satisfaction of the Grantee: (1) satisfactory performance and completion of the
                     Project Work in accordance with this Agreement, (2) submission of a completion report within thirty
                     (30) days following Grantee approval of the completed Project Work, (3) submission of a
                     comparison of the final budget to the Project Budget, and (4) a proper claim for reimbursement
                     which shall be supported by documentation of the expenditures claimed. No reimbursement shall
                     be made for unallowable or improper expenditures. In making the claim for reimbursement, the
                     Subgrantee shall use the form entitled "Request for Reimbursement" provided by the Grantee.

                C. Allowable Expenditures. Subject to the terms of this Agreement and in accordance with Uniform
                     Administrative Requirements, Cost Principles, and Audit Requirements for Federal Rewards; 2
                     C.F.R. Part 200 et seq., the Historic Preservation Fund Grant Manual (most recent edition) and the
                     Grant Manual, the Subgrantee shall be reimbursed for no more than 100% of the costs incurred in
                     connection with the Project Work undertaken following the execution of this Agreement.
                           Any Project Work expenditure incurred in the current fiscal year shall be fully documented by
                     the Subgrantee. Likewise, any expenditure incurred in a subsequent fiscal year shall be fully
                     documented by the Subgrantee. Every request for reimbursement shall be submitted to the

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                     Grantee on a form prescribed by the Grantee and appropriate documentation shall be appended
                     to the request. No expenses incurred for Project Work prior to the effective date of this Agreement
                     or subsequent to the End Date shall be eligible for reimbursement.
                           Only direct expenditures for Project Work are eligible for reimbursement.            Indirect
                     expenditures are not eligible for reimbursement and the Grantee will automatically eliminate any
                     expenses it deems to be an indirect expenditure from the Subgrantee’s reimbursement requests.
                           Furthermore, the Subgrantee shall not be entitled to reimbursement for any costs the Grantor
                     in its sole judgment deems unallowable. In no event, however, shall the Grantee's obligation to
                     provide reimbursement for allowable expenditures exceed the Award.

                D. Repayment of Funds. If this Agreement is terminated pursuant to Section XIII of this Agreement,
                     the Subgrantee will be required to repay any federal funds previously disbursed for Project Work
                     not meeting the requirements of this Agreement. If, at any time before the expiration of the
                     Retention Period, it is determined that the terms of this Agreement were not complied with or a
                     claimed cost is disallowed following an audit, the Subgrantee shall immediately repay the funds at
                     issue upon demand by the Grantee.



                                      In Process          SECTION V
                                                       NONASSIGNABILITY

                   The Subgrantee shall not assign or otherwise transfer any interest in this Agreement or the Project
            Work in any manner not provided for in this Agreement.




                                                    SECTION VI
                                     SUBGRANTEE OBLIGATION TO EFFECT EASEMENT

                   The Subgrantee, as a condition precedent to the final disbursement of funds by the Grantee, shall
            properly execute and record a historic preservation easement ( the “Easement”) prepared by the Grantee,
            expressed as restrictions and covenants running with the land, which is effective and enforceable against
            the Subgrantee, its successors, and assigns for the period referenced in Section VII, Paragraph A of this
            Agreement. The Easement shall include all provisions contained in Section VII and shall otherwise comply
            with the purpose and intent of this Agreement. Failure by the Subgrantee to record the Easement upon the
            request of the Grantee shall be a material breach of this Agreement.




                                                     SECTION VII
                                    PROJECT SITE MAINTENANCE AND ADMINISTRATION

                A. Duration of Maintenance and Administration Requirements. The duration of the maintenance
                     and administration requirements of this Section have no relation to the period of performance for


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                     Project Work as described in Section II of this Agreement and shall be effective and enforced
                     through September 30, 2035.

                B. Obligation to Preserve Historical Integrity. The Subgrantee agrees to repair, maintain, and
                     administer the exterior of the Historic Property, and assume all the accompanying costs, so as to
                     preserve the historical integrity of features, materials, appearances, workmanship, and
                     environment as provided for in this Agreement. "Historical integrity" shall mean those significant
                     characteristics that originally qualified the project site for entry in the National Register. Further,
                     the Subgrantee shall maintain the grounds adjacent to and surrounding the Historic Property in a
                     landscaped environment consistent with the historical character of the Historic Property. Nothing
                     in this Agreement shall prohibit the Subgrantee from seeking financial assistance from any source
                     available to the Subgrantee.

                C. Limitations on Visual and Structural Changes.                 The Subgrantee shall make no visual or
                     structural change to the Historic Property that will affect the historic integrity of the Historic Property,
                     without written prior approval from the Grantor and the Grantee.

                D. Public Visitation and Access. The Subgrantee shall administer the Historic Property and the

                                       In Process
                     adjacent and surrounding grounds so that the general public shall have access for purposes of
                     viewing the exterior of the Historic Property. The right of public access shall be for not less than
                     twelve (12) days per year on an equitably spaced basis, and at other times by appointment.
                     "Equitably spaced" does not necessarily require public access on a once-a-month basis but may
                     take into account seasonal and other factors that will most effectively implement the purpose and
                     intent of the Act. Likewise, what constitutes a "day" will depend upon the Subgrantee's good faith
                     judgment in complying with the public benefit provisions of the Act, which might reasonably include
                     opportunities for evening visitation.
                            The Subgrantee agrees to comply with Title VI of the Civil Rights Act of 1964, 42 U.S.C.§
                     2000d, the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and Section 504 of
                     the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. These laws prohibit discrimination on the
                     basis of race, religion, national origin, or disability. In implementing public access, reasonable
                     accommodation to qualified physically challenged persons shall be made in consultation with the
                     SHPO.
                           When exterior or interior work is assisted with Certified Local Government grant funds and
                     the work is not clearly visible from a public right-of-way or the interior work is not normally open to
                     the public except for the required twelve (12) days per year, then the Subgrantee shall publish
                     notification giving dates and times when the Historic Property will be open to the public. This notice
                     shall be published in a general circulation newspaper serving the community or area in which the
                     Historic Property is located. The Subgrantee shall provide documentation of such notice to the
                     Grantee each December for as long as the Easement is in effect.



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                E. Fees Associated with Public Visitation.               The Subgrantee may charge a reasonable
                     nondiscriminatory admission fee for public visitation and access to the Historic Property. If an
                     admission fee is charged, it shall be established at a rate that will not discourage visitation and
                     comport with fees charged at comparable historic facilities in the area.

                F. Flood Insurance Coverage. The Subgrantee shall maintain flood insurance on the Historic
                     Property, as required by Section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. §
                     4002 et seq., if it is situated in an area designated by the U.S. Secretary of Housing and Urban
                     Development as one having special flood hazards.

                G. Lead-Based Paint. The Subgrantee and its subcontractors agree to refrain from using lead-based
                     paint in residential structures constructed or rehabilitated with Federal assistance. Such paint is
                     defined as "any paint containing more than six one-hundredths of one percent lead by weight in the
                     total nonvolatile content of the paint or the equivalent measure of lead in the dried film of paint
                     already applied," as provided in 24 C.F.R. § 35.63.

                H. Actions Affecting the Historic Property. The Subgrantee shall inform and seek the approval of
                     the Grantee prior to beginning any proposed action that may adversely affect the Historic Property.

                                      In Process
                     Further, the Subgrantee shall inform the Grantee prior to beginning any proposed action by any
                     governmental unit which may adversely affect the Historic Property and of which the Subgrantee
                     has knowledge.

                I.   Applicability of Equal Opportunity Provisions.           For the duration of the maintenance and
                     administration requirements of this Section, the Equal Employment Opportunity provisions set forth
                     in Section II(N.) of this Agreement shall be applicable to any employment resulting from the use,
                     repair, maintenance, administration, or accessibility of the Historic Property and the adjacent and
                     surrounding grounds. The provisions of Section II(N.)(1)-(5) are incorporated by reference in this
                     Section and shall be included and required by the Subgrantee in every employment contract or
                     subcontract which results from the use, repair, maintenance, administration, or accessibility of the
                     Historic Property and its adjacent and surrounding grounds.
                           The Subgrantee shall administer the Historic Property premises in such a manner that no
                     person shall, on the basis of race, color, religion, national origin, ancestry, sex, age, familial or
                     marital status, or disability be excluded from participation in, be denied the benefits of, or otherwise
                     subjected to discrimination under any program or activity directly or indirectly related to the Historic
                     Property.

                J. Requirements of Subleases. In the event that the Subgrantee elects to lease or sublease the
                     Historic Property, a written agreement including the provisions contained in Section VII(A)-(H) shall
                     be executed. The Subgrantee shall ensure that any lease agreement concerning the Historic
                     Property complies with all other relevant terms of this Agreement and that it is consistent with the
                     purposes and intents of the Act.

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                                                        SECTION VIII
                                      RESPONSIBILITY, INDEMNIFICATION & DELEGATION

                A. Responsibility and Indemnification Obligation. The Subgrantee shall be solely responsible for
                     the acts, omissions, and negligence of its principals, employees, representatives, agents, and
                     subcontractors. Accordingly, the Subgrantee shall indemnify and hold harmless the Grantee and its
                     officers, agents, and employees from and against all claims, damages, losses, or expenses arising
                     out of or resulting from the performance or non-performance of work under this Agreement. The
                     indemnification established under this Section shall apply to any claim, damage, loss, or expense
                     which is: (1) attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
                     tangible property, including the loss of use resulting from injury or destruction, and (2) caused in whole
                     or in part by any negligent act or omission, or any willful misconduct by the Subgrantee, any
                     subcontractor, or anyone directly or indirectly employed by any one of them, or anyone for whose
                     acts any one of them may be liable. The indemnification established under this Section shall apply
                     regardless of whether the injury, sickness, disease, or death, or injury to or destruction of property is
                     caused in part by a party indemnified by this Section. This obligation shall not be construed to negate,


                                       In Process
                     abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist
                     as to any party or person described in this Section.

                B. Non-Limitation. In any and all claims against the Grantee or any of its officers, agents, or employees
                     by an employee of the Subgrantee, any subcontractor, anyone directly or indirectly employed by any
                     of them, or anyone for whose acts any of them may be liable, the indemnification obligation under
                     this Section shall not be limited in any way by any limitation in the amount or type of damages,
                     compensation, or benefits payable by or for the Subgrantee or by or for any subcontractor under
                     worker’s compensation acts, disability benefit acts, or other employee benefit acts.

                  C. Delegation. The Subgrantee shall not delegate any duties or obligations under this Agreement to
                      a subcontractor or independent contractor unless the Grantee has given written consent to the
                      delegation. When submitting the request to subcontract, the subcontractor shall include the
                      following information about the subcontractor:
                       1. Name of Subcontracting Firm;
                       2. Work that will be subcontracted;
                       3. Names of individuals who will perform the subcontracted work; and
                       4. List any and all Grantee programs through which the subcontractor or the subcontractor’s
                           employees, officers, directors, members, shareholders or officeholders participate.

                 Delegation of duties or obligations under this Agreement to a subcontractor or independent contractor
            without the prior written consent of the Grantee shall be a material breach of this Agreement. In the event
            a subcontractor is approved by the Grantee, the Key Persons for the Subgrantee/Contractor shall be subject
            to the requirements set forth in Section II of this Agreement.

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                                                    SECTION IX
                            COMPLIANCE WITH LAWS, REGULATIONS, GUIDELINES, AND POLICIES

                   The Subgrantee, in the performance of all activities under this Agreement, shall comply and require
            compliance with all applicable laws, ordinances, and codes of the United States, the State of Michigan, and
            of local government and shall neither commit nor permit any trespass upon any public or private property
            in the performance or attempted performance of any service or activity under this Agreement.                The
            Subgrantee shall comply and require compliance with all requirements, limitations, regulations, rules,
            policies, guidelines, and interpretations which are made applicable to this Agreement by Executive Order
            of the President of the United States, by the Governor of the State of Michigan, by the Grantor, by the
            Michigan Attorney General, by the Grantee, by the U.S. Congress, or by the Michigan State Legislature, in
            connection with this Grant and pursuant to the Act.
                   In addition to the terms detailed in this Agreement, all Federal requirements governing grants (2
            C.F.R. Part 200, consolidating and/or superseding OMB Circulars A-87, A-21 or A-122, which concern cost
            principles; A-102 or A-110, which concern administrative requirements; and A-133, which concern audit
            requirements) are applicable.


                                      In Process            SECTION X
                                                       DISPUTE RESOLUTION

                   Any dispute arising under this Agreement that is not amicably resolved by the parties shall be
            determined by the Grantee, which shall reduce its decision to writing and furnish a copy of it to the Subgrantee.
            The decision of the Grantee shall be final and shall control the subsequent dealings of the parties. The
            decision shall not bar the Subgrantee from seeking judicial review or other alternative recourse.
                   The occurrence of a dispute shall not excuse performance and compliance by the Subgrantee either
            prior to or during the pendency of the determination of the Grantee.



                                                              SECTION XI
                                                             MODIFICATIONS

                   The Grantee or the Subgrantee may request modification of the Project Work, Project Budget, or
            Performance Schedule to be performed by the Subgrantee, provided that such a modification comports with
            the intents and purposes of this Agreement and is consistent with the Act, and the regulations, limitations,
            guidelines, policies, and interpretations prescribed by the Grantor pursuant to that Act. All requests for
            modification shall be submitted in written form by the duly authorized representative of the party requesting
            modification prior to their implementation. Failure to obtain prior approval will result in the disallowance of
            expenditures.
                   The modification of a technical specification or procedure for Project Work that, if approved, will not
            affect or alter other terms of this Agreement may be accomplished by the written approval of the Grantee's
            designee. The modification shall not require the execution of an amendment to this Agreement, but shall
            constitute, upon proper approval, a part of this Agreement. Except for approved changes of technical

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            specifications or procedures as above provided, the modification of any of the other terms of this Agreement
            shall not be valid unless such modification is first approved in writing by both the Grantee and Subgrantee
            and only if such modification, after approval, is incorporated in a written amendment to this Agreement
            executed by the Grantee and the Subgrantee.
                   The Grantee alone shall determine whether a requested modification constitutes a request for change
            of a technical specification or procedure which will not further affect or alter this Agreement or whether the
            requested modification constitutes a request for modifying the terms of this Agreement.
                   No verbal representation, understanding, agreement, or interpretation of any officer, agent, or
            employee of the Grantee or Subgrantee, either before or after the execution of this Agreement, shall modify
            any of the terms of this Agreement unless such representation, understanding, agreement, or interpretation
            is expressly stated in this Agreement, in an amendment to this Agreement, or in a written approval with
            respect to the modification of a technical specification or procedure for performance of the Project Work.

                                               SECTION XII
                  TERMINATION OF AGREEMENT FOR UNAVAILABILITY OF STATE OR FEDERAL FUNDS

                   It is the intent and understanding of both parties that this Agreement is contingent upon the receipt by
            the Grantee of federal funds pursuant to the Act, and/or the receipt of state funds appropriated by the Michigan


                                      In Process
            State Legislature. If federal funds approved or obligated by the Grantor for administration by the Grantee in
            connection with this Agreement are at any time rendered unavailable to the Grantee by the Grantor, of if state
            funds intended for expenditure to support this Agreement are made unavailable by the Michigan State
            Legislature or some other state funding authority, such as the Michigan Department of Technology,
            Management and Budget, the Grantee shall then have the right to terminate this Agreement by the giving of
            a written notice, the basis, and the effective date of the termination to the Subgrantee. Should this Agreement
            be terminated by reason of the unavailability of state or federal funds for the Project Work, all finished or
            unfinished documents, data, studies, reports, and other materials prepared by the Subgrantee under this
            Agreement prior to the effective date of such termination shall be made accessible in the form of copies to
            both the Grantee and Grantor.
                   In the event of termination under this provision the Subgrantee shall be entitled to receive
            reimbursement for allowable expenditures incurred prior to the effective date of termination if the Grantor
            approves and releases funds for that reimbursement. Reimbursement to the Subgrantee, in the event of
            termination under this provision, shall be made in accordance with Section IV of this Agreement.



                                                  SECTION XIII
                       WITHHOLDING OF FUNDS, SUSPENSION, AND TERMINATION OF AGREEMENT

                A. Applicability. When a Subgrantee has materially failed to comply with this Agreement's stipulations,
                     terms, standards, or conditions, the Grantee may suspend the Grant, terminate the Grant for cause,
                     or take such other remedies as may be legally available and appropriate under the circumstances.
                     The approval of this Agreement and any subsequent payments made under this Agreement will not



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                     prevent the Grantee from withholding funds because of the Subgrantee's failure to comply with the
                     requirements of this Agreement or observe applicable Federal or State requirements.
                       1. Withholding of payments. The Grantee may withhold payments otherwise due to a Subgrantee
                           if the Subgrantee has failed to comply with the Agreement's reporting requirements, program
                           objectives, or Award conditions (the “Deficiency”). The Grantee will provide a written advance
                           notification to the Subgrantee identifying the Deficiency and declaring its intent to withhold
                           future payments if the Deficiency is not corrected by a specific date (the “Cure Date”). If the
                           Deficiency is not corrected by the Cure Date, the Grantee will notify the Subgrantee by letter
                           that payments will not be made until the Deficiency is corrected. When the Deficiency is fully
                           corrected, payments will be released. Continued noncompliance or a failure to act by the
                           Subgrantee may result in suspension or termination of this Agreement. (Grant suspensions or
                           terminations include not only payments being withheld, but also that no additional costs, or only
                           very limited additional costs, may be authorized by the Grantee to be incurred by the
                           Subgrantee).
                       2. Suspension. Suspension is an action taken by the Grantee, which temporarily withdraws or
                           limits a Subgrantee's authority to act or receive any benefits relating to the Agreement pending
                           either (1) a corrective action by the Subgrantee as specified by the Grantee or (2) a decision


                           a.
                                      In Process
                           by the Grantee to terminate the Agreement.
                                Notification. When a Subgrantee has materially failed to comply with the terms and
                                conditions of this Agreement, the Grantee may suspend the Agreement, in whole or in
                                part, after giving the Subgrantee 30 days written notice to provide the Subgrantee the
                                opportunity to cure the condition or show cause as to why the Agreement should not be
                                suspended. The notice of the suspension will detail the reasons for the suspension, any
                                corrective action required of the Subgrantee, and the effective date of the suspension.
                                The suspension may be made effective without previous notice in an emergency situation
                                such as when a delayed effective date would unreasonably impair the Grantee's
                                responsibility to protect the Government's interest.
                           b.   Commitments. No commitment of funds incurred by the Subgrantee during a period of
                                the suspension will be allowed under the Agreement, unless the Grantee expressly
                                authorizes them in the notice of suspension or an amendment to it. Necessary and
                                otherwise allowable costs which the Subgrantee could not reasonably avoid during a
                                period of suspension will be allowed if they result from charges properly incurred by the
                                Subgrantee before the effective date of the suspension, and not in anticipation of
                                suspension or termination.
                           c.   Adjustments to payments.       Appropriate adjustments to payments submitted by the
                                Subgrantee after the effective date of suspension will be made either by withholding the
                                payments or by not allowing the Subgrantee credit for disbursements made in payment
                                of unauthorized costs incurred during the suspension period.
                           d.   Suspension period. A suspension will remain in effect until the Subgrantee has (1) taken
                                corrective action to the satisfaction of the Grantee, (2) given written evidence satisfactory
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                                to the Grantee that corrective action will be taken, or (3) until the Grantee terminates the
                                Agreement.
                       3. Termination. Termination is the cancellation of this Agreement, in whole or in part, at any time
                           prior to the date of completion.
                           a.   Termination for cause. The Grantee may terminate this Agreement, in whole or in part,
                                at any time before the date of completion, whenever it is determined that the Subgrantee
                                has failed to comply with the terms and conditions of this Agreement. The Grantee will
                                promptly notify the Subgrantee in writing of the termination and provide the reasons for
                                the termination, together with the effective date. Payments made to the Subgrantee or
                                recoveries by the Grantee under this Agreement when it is terminated for cause will be in
                                accordance with the legal rights and liabilities of the parties.
                           b.   Termination for convenience.       The Grantee or the Subgrantee may terminate this
                                Agreement in whole or in part when both parties agree that the continuation of the Project
                                Work would not produce beneficial results commensurate with the further expenditure of
                                funds. The two parties will agree upon the termination conditions, including the effective
                                date, and in the case of partial terminations, the portion to be terminated. For partial
                                terminations, such termination will not affect any preservation agreement or covenant that

                                      In Process
                                may be executed as a prior condition for this Grant assistance. An amendment to this
                                Agreement is required for all terminations for convenience.
                           c.   Termination by Subgrantee. The Subgrantee may, with written notification to the Grantee,
                                unilaterally cancel this Agreement at any time prior to the first payment on the Agreement.
                                Once initiated, no Project Work financed with Grant proceeds shall be terminated by a
                                Subgrantee prior to satisfactory completion without approval of the Grantee. After the
                                initial payment, the Agreement may be terminated, modified, or amended only by mutual
                                agreement of the Subgrantee and the Grantee pursuant to its terms. Requests for
                                termination prior to completion must fully explain the reasons for the action and detail the
                                proposed disposition of the uncompleted work.
                           d.   Commitments.      If this Agreement is terminated, the Subgrantee will not incur new
                                obligations for the terminated portion after the effective date of the termination. The
                                Subgrantee will cancel as many outstanding obligations as possible. The Grantee will
                                allow full credit to the Subgrantee for the Federal share of the non-cancellable obligations
                                properly incurred by the Subgrantee prior to termination. Costs incurred after the effective
                                date of the termination will be disallowed.

                   In the event of termination, all finished or unfinished documents, data, studies, reports, and other
            materials prepared by the Subgrantee under this Agreement prior to the effective date of termination shall
            become the property of the Grantee. However, the Subgrantee shall be entitled to retain copies.
                   The Subgrantee, in the event of termination under this provision, shall be entitled to receive
            reimbursement for expenditures made and services satisfactorily performed under this Agreement prior to the
            effective date of such termination. When the Secretary of the Interior's Standards are cited in Section I of this
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            Agreement, the Subgrantee shall only be entitled to reimbursement for that Project Work that meets the
            Secretary of the Interior's Standards. Reimbursement to the Subgrantee, in the event of termination under
            this provision, shall be made in accordance with Section IV of this Agreement.
                   Notwithstanding the foregoing, the Subgrantee shall not be relieved of its liability to the Grantee for the
            damages sustained by the Grantee as the result of any breach of this Agreement until the Grantee so releases
            the Subgrantee and has determined for the purpose of set-off the exact amount of damages due the Grantee.

                                                        SECTION XIV
                                            EFFECTIVE DATE OF AGREEMENT TERMS

                   The parties agree and understand that this Agreement shall not take effect unless (1) the Grantor issues
            a written authorization to the Grantee for the Project Work described in this Agreement, and (2) this Agreement
            is signed by both the Grantee and the Subgrantee. If the Grantee's signature is not obtained, then any Project
            Work performed or expenses incurred by the Subgrantee in performance of this Agreement shall be
            performed or incurred by the Subgrantee at risk of non-reimbursement.
                   Further, the Subgrantee understands that, for each fiscal year, Project Work must receive a separate
            federal written authorization. A single fiscal year runs for 365 days from October 1 of a year to September 30
            of the following year. Therefore, the parties agree that the Grantee is only liable to reimburse the Subgrantee


                                       In Process
            for that Project Work which has (1) been satisfactorily performed under a signed agreement, (2) received
            federal authorization for the fiscal year in which it was performed, and (3) been performed and completed in
            compliance with the terms of this Agreement.
                   Although this Agreement may have been signed by both parties, any Project Work performed or
            expenses incurred by the Subgrantee in fulfillment of this Agreement, when federal authorization for that fiscal
            year is lacking, shall be performed or incurred at the sole and singular risk and expense of the Subgrantee.



                                                         SECTION XV
                                                  SEPARABILITY OF PROVISIONS

                   It is declared to be the intent of the parties that if any provision of this Agreement or its application to
            any persons or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such
            judgment shall not affect or invalidate the remainder of this Agreement or its application to other persons or
            circumstances, unless so provided by the court or unless the severance of such an invalid provision alters the
            basic intent or purpose of this Agreement, causes an increase of the Grantee's financial obligation, or renders
            impossible the compliance with any applicable statute, regulation, limitation, guideline, policy, or interpretation
            prescribed by the Grantor under the Act.


                                                         SECTION XVI
                                                EXECUTION AND IMPLEMENTATION

                A. Counterparts; Facsimile/PDF Signatures. This Agreement may be signed in counterparts and
                     delivered by facsimile or in pdf form, and in any such circumstances, shall be considered one


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                     document and an original for all purposes and shall become effective on the date of the final
                     signature.
                B. Waiver. A failure or delay by the Grantee in exercising any right under this Agreement will not be
                     presumed to operate as a waiver unless otherwise stated in this Agreement, and a single or partial
                     exercise of any right will not be presumed to preclude any subsequent or further exercise of that
                     right or the exercise of any other right.
                C. Entire Agreement. This Agreement sets forth the entire agreement of the parties with respect to
                     the subject matter, and supersedes all prior agreements whether written or oral, with respect to the
                     subject matter of this Agreement.
                D. Jurisdiction. The parties shall make a good faith effort to resolve any controversies that arise
                     regarding this Agreement. If a controversy cannot be resolved, the parties agree that any legal
                     actions concerning this Agreement shall be brought in the Michigan Court of Claims or, as
                     appropriate, Ingham County Circuit Court in Ingham County, Michigan.                The Subgrantee
                     acknowledges by signing this Agreement that it is subject to the jurisdiction of this court and agrees
                     to service by first class or express delivery wherever the Subgrantee resides, in or outside of the
                     United States.



                                      In Process
                  IN WITNESS WHEREOF the parties to this Agreement, by their respective and duly authorized
            representatives, hereto subscribe and execute this Agreement as of the day and year first written above.




                                                  - REMAINDER OF PAGE BLANK -




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            GRANTEE

            STATE HISTORIC PRESERVATION OFFICE




            By: MARTHA MACFARLANE-FAES
            Its: DEPUTY STATE HISTORIC PRESERVATION OFFICER




                          REMAINDER OF PAGE BLANK - SIGNATURES CONTINUE ON NEXT PAGE




                                      In Process
DocuSign Envelope ID: 1C2D77AB-5844-473F-BC42-E533EA04ED69




            GRANTEE

            MICHIGAN STRATEGIC FUND




            By: MATTHEW CASBY
            Its: ASSOCIATE FUND MANAGER




                          REMAINDER OF PAGE BLANK - SIGNATURES CONTINUE ON NEXT PAGE




                                      In Process




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            SUBGRANTEE

            CITY OF MUSKEGON




            By: DAN VANDERHEIDE
            Its: DPW DIRECTOR




                                      In Process




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                                                       EXHIBIT A

                                                       SCOPE OF WORK

                                                     [Follows under this cover]




                                      In Process




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                                                              CG23-456

                                          FOR THE CITY OF MUSKEGON
                                HACKLEY PARK MONUMENT CONSERVATION PROJECT

                                                        SCOPE OF WORK

                                                               Section I
                                                             Work Overview

            In accordance with this Agreement and in a manner satisfactory to the Grantee, the Subgrantee shall:

                A. Hire, compensate, and supervise personnel to be employed in completing the Project Work as
                   outlined in this exhibit. Personnel shall be licensed and insured in the State of Michigan. Bidding
                   and procurement requirements are outlined in the Grant Manual
                B. Provide all necessary project-management services, including accounting, bookkeeping, payroll
                   reporting, and day-to-day management of Project Work activities.
                C. Place not less than one (1) sign acknowledging federal financial assistance in a conspicuous
                   location on the Historic Property. The Sign shall be erected at the beginning of Project Work and
                   a photograph of the Sign shall be submitted to the Grantee within three (3) days of its installation.
                   The Sign shall remain in place until the Project Work has been completed. The Sign shall be a
                   minimum of 4’ x 6’ and shall be in keeping with the visual aesthetics of the Historic Property. The
                   Sign shall at a minimum contain (1) the name of the Historic Property, (2) National Park Service
                   funding credits and logo, (3) Grantee logo, and (4) Subgrantee logo. The Grantee will provide the

                                      In Process
                   Subgrantee with a digital file containing the required content of the Sign, which shall be
                   manufactured by the Subgrantee. If the Subgrantee desires to deviate from the content of the Sign
                   provided in the digital file, such deviation must be approved by the Grantee prior to manufacturing
                   the Sign.
                D. Complete the Project Work in a satisfactory manner and consistent with the U.S. Secretary of the
                   Interior's Standards and Preservation Briefs.

                                                               Section II
                                                              Project Site

            The Project Work set forth in this Exhibit A shall be performed on the Historic Property located at 350 West
            Webster Avenue, Muskegon, Michigan 49940.


                                                              Section III
                                                             Project Work

                The Project Work associated with this Agreement shall be carried out in accordance with the
            conservator’s report included in the grant application, dated November 15, 2022, and attached hereto as
            Exhibit H.

                 More specifically, the Project Work shall include the following for five monuments:

                     •    Documenting each monument before, during, and after treatment in written and photographic
                          methods.
                     •    Washing with a power washer, followed by water washing with 1% detergent and synthetic
                          bristle brushes to remove dirt, dust, and grime, followed by thorough water washing. Power
                          washing pressure must be appropriate for the material and shall not cause any damage.
                          Materials not intended to be power washed must be protected from overspray.
                     •    Performing minor structural repair and patching, as well as toning of previous fills if they have
                          degraded.
                     •    Removing wax completely on each monument with appropriate solvents.
                     •    Washing monuments with distilled water to ensure previous soaps applied to the monuments
                          are removed or deactivated.
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                     •    Excavating areas of bronze disease.
                     •    Performing minor patina correction with potassium sulfide for unsightly and heavily oxidized
                          areas. For each:
                              o Areas will be rinsed with distilled water, the surface will be heated, and potassium
                                  sulfide will be applied.
                              o Testing will be performed to determine the timeline upon which the potassium sulfide
                                  should be rinsed with distilled water.
                     •    Treating each monument overall with benzotriazole, a corrosion inhibitor.
                     •    Hot-waxing each monument with an appropriate wax.
                     •    Cleaning granite bases as needed using the gentlest means possible.
                     •    Training City of Muskegon staff in the appropriate techniques needed to clean and wax the
                          monuments in the future on a scheduled and routine basis.

                All work shall be consistent with the Standards and is subject to Grantee approval. Any proposed
            changes to the Project Work shall be approved by the Grantee prior to proceeding.

                                                                  Section IV
                                                             Credit Requirements

                   A. Federal Funding Credit and Legal Notice. The introduction of each written, audio, visual, or other
                      material (including public announcements and news releases) produced by the Subgrantee
                      pursuant to this Agreement shall contain a credit that reads verbatim as follows:

                                     The activity that is the subject of this project has been financed in part
                                     with Federal funds from the National Park Service, U.S. Department

                                      In Process
                                     of the Interior, through the Michigan Strategic Fund, State Historic
                                     Preservation Office. However, the contents and opinions herein do
                                     not necessarily reflect the views or policies of the Department of the
                                     Interior or the Michigan Strategic Fund, State Historic Preservation
                                     Office, nor does the mention of trade names or commercial product
                                     herein constitute endorsement or recommendation by the
                                     Department of the Interior or the Michigan Strategic Fund, State
                                     Historic Preservation Office.

                         Financial Assistance Disclaimer. The Subgrantee and its subcontractors shall also print in
                         each written, audio, visual, or other material (including public announcements and news
                         releases) produced by the Subgrantee pursuant to this Agreement a notice that reads
                         verbatim as follows:

                                     This program receives Federal financial assistance for identification
                                     and protection of historic properties. Under Title VI of the Civil Rights
                                     Acts of 1964, Section 504 of the Rehabilitation Act of 1973, and the
                                     Age Discrimination Act of 1975, as amended, the U.S. Department of
                                     the Interior prohibits discrimination on the basis of race, color,
                                     national origin, disability, or age in its federally assisted programs.
                                     Michigan law prohibits discrimination on the basis of religion, race,
                                     color, national origin, age, sex, marital status, or disability. If you
                                     believe you have been discriminated against in any program, activity,
                                     or facility as described above, or if you desire further information,
                                     please write to:

                                              Chief, Office of Equal Opportunity Programs
                                              United States Department of the Interior
                                              National Park Service
                                              1849 C Street, NW, MS-2740
                                              Washington, DC 20240



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                                                              Section V
                                                       Additional Requirements

                 A. Quarterly Progress Reports. The Subgrantee shall provide quarterly progress reports to the
                    Grantee using the form provided by the Grantee. Quarterly progress reports shall be due by
                    January 15, April 15, July 15, and October 15 of each year during the project reporting period
                    and will include:

                                   2. Title sheet identifying the Project, contract number, and name and address of
                                      the Contractor employed on the project.
                                   3. Names and titles/responsibilities of the project manager and persons working on
                                      the project, including any subcontractors.
                                   4. A financial report of expenditures to date including any changes to approved
                                      Project Budget or approved work schedule.
                                   5. A written summary of progress outlining the work accomplished during the
                                      reporting period. Problems, real and anticipated, or any significant deviation
                                      from the agreed-upon work plan should be brought to the attention of the
                                      Contract Administrator.

                 B. Project Completion Report and Reimbursement Request. Prepare and submit to the Grantee one
                    (1) copy of a Project Completion Report and a proper claim for reimbursement which shall be
                    supported by documentation of the expenditures claimed within thirty (30) days following Grantee
                    approval of the completed project. The Subgrantee should also comply with the reporting and


                                      In Process
                    completion dates as set forth in the Work Schedule attached and incorporated in the Performance
                    Schedule.




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                                                       EXHIBIT B

                                                PERFORMANCE SCHEDULE

                                                     [Follows under this cover]




                                      In Process




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                                                              CG23-456

                                          FOR THE CITY OF MUSKEGON
                                HACKLEY PARK MONUMENT CONSERVATION PROJECT


                                                        Work Items
                                          Grantee completes National Environmental Policy Act (NEPA)
                July 2023
                                          Review
                July 2023                 CLG Grant agreement executed
                August 2023               Grantee completes pre-work site inspection

                                                          Procurement
                                          Subgrantee submits draft Request for Proposals (RFP), solicitation
                August 2023
                                          letter, and advertisement plan to Grantee for review
                September 2023            Grantee approval of RFP, solicitation letter, and advertisement plan
                September 2023            Subgrantee posts RFP and solicits bids
                                          Subgrantee submit bids and rationale for bidder selection to
                November 2023
                                          Grantee
                November 2023             Grantee approval of bidder selection
                December 2023             Subgrantee submits draft subcontract to SHPO for approval
                December 2023             Grantee comments and recommends changes for subcontract
                December 2023
                December 2023            In Process
                                          Subgrantee executes subcontract
                                          Subgrantee submits copy of executed subcontract to Grantee

                                                           Construction
                January 2024              Begin construction
                January 2024              Install project sign and submit photo documentation to Grantee
                July 2024                 Finish construction
                August 2024               Final on-site inspection by Grantee

                                                       Project Close-Out
                August 2024               Subgrantee Submits Completion Report
                August 2024               Subgrantee records easement and submits to SHPO
                                          Subgrantee submits final reimbursement request with financial
                August 2024
                                          documentation to Grantee
                September 2024            Anticipated reimbursement from Grantee

                                                        Project Reporting
                Every January 15,
                                          Subgrantee submits Quarterly Progress Report to Grantee for the
                April 15, July 15, and
                                          duration of the project
                October 15




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                                                       EXHIBIT C

                                                      PROJECT BUDGET

                                                     [Follows under this cover]




                                      In Process




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                                                              CG23-456

                                          FOR THE CITY OF MUSKEGON
                                HACKLEY PARK MONUMENT CONSERVATION PROJECT

                                                       PROJECT BUDGET



                                                                               CLG                 PROJECT
                                   WORK ITEMS                                            MATCH
                                                                              FUNDS                 TOTAL

              Construction
              Hackley Park Monument Conservation                             $55,000.00 $22,440.00 $77,440.00

              TOTALS                                                         $55,000.00 $22,440.00 $77,440.00




                                                 REIMBURSABLE SHARE
                                      Subgrantee: City of Muskegon

                                      In Process
                                      Source:
                                      Kind:
                                                      General Fund
                                                      Cash
                                      Amount:         $55,000.00

                                      Total           $55,000.00




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                                                       EXHIBIT D

                     NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE
                                 EQUAL EMPLOYMENT OPPORTUNITY

                                                    [Follows under this cover]




                                      In Process




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                                                                CG23-456

                                           FOR THE CITY OF MUSKEGON
                                 HACKLEY PARK MONUMENT CONSERVATION PROJECT

                                      NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
                                       TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
                                                  (EXECUTIVE ORDER 11246)



            1.   The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal
                 Equal Employment Opportunity Construction Contract Specifications" set forth herein.

            2.   The goals and timetables for minority and female participation, expressed in percentage terms for the
                 Contractor's aggregate workforce in each trade on all construction work in the covered area, are as
                 follows:

                                                           Goals for Minority                            Goals for Female
                  TIMETABLES                               Participation For                              Participation In
                                                             Each Trade                                    Each Trade




                                       In Process
                 These goals are applicable to all the contractor's construction work (whether it is Federal or federally
                 assisted) performed in the covered area.

                 The contractor's compliance with Executive Order 11246 (the “Executive Order”) and the regulations in
                 41 C.F.R. § 60-4 shall be based on the contractor's implementation of the Equal Employment Clause,
                 specific affirmative action obligations required by the specification set forth in 41 C.F.R. § 60-4.3(a), and
                 the contractor's efforts to meet the goals established for the geographical areas where the contract
                 resulting from this solicitation is to be performed. The hours of minority and female employment and
                 training must be substantially uniform throughout the length of the contract, and in each trade, and the
                 contractor shall make a good faith effort to employ minorities and women evenly in each of its projects.
                 The transfer of minority or female employees or trainees from contractor-to-contractor or from
                 project-to-project for the sole purpose of meeting the contractor's goals shall be in violation of the contract,
                 the Executive Order and the regulations in 41 C.F.R. § 60-4. Compliance with the goals will be measured
                 against the total work hours performed.

            3.   The contractor shall provide written notification to the Director of the Office of Federal Contract
                 Compliance Programs within 10 working days of award of any construction subcontract in excess of
                 $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification
                 shall list the name, address, and telephone number of the subcontractor; and the geographical area in
                 which the contract is to be performed.

            4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is: 350
            West Webster Avenue, Muskegon, Michigan 49440.




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                                                       EXHIBIT E

                         STANDARD FEDERAL EQUAL OPPORTUNITY CONSTRUCTION
                                     CONTRACT SPECIFICATIONS
                                                     [Follows under this cover]




                                      In Process




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                                                               CG23-456

                                           FOR THE CITY OF MUSKEGON
                                 HACKLEY PARK MONUMENT CONSERVATION PROJECT


                                  STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
                                       CONSTRUCTION CONTRACT SPECIFICATIONS
                                              (EXECUTIVE ORDER 11246)


            1.   As used in these specifications:

                      a.    "Covered area" means the geographic area described in the solicitation from which this
                      contract resulted.

                      b.  "Director" means Director, Office of Federal Contract Compliance Programs, United States
                      Department of Labor, or any person to whom the Director delegates authority.

                      c.  "Employer identification number" means the Federal Social Security Number used in the
                      Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

                      d.    "Minority" includes:

                            i.
                                       In Process
                                 Black (all persons having origins in any of the Black African racial groups not of Hispanic
                           origin);

                            ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or
                           other Spanish Culture or origin, regardless of race);

                           iii. Asian and Pacific Islander (all persons having origins in any of the original peoples of the
                           Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

                            iv. American Indian or Alaskan Native (all persons having origins in any of the original
                           peoples of North America and maintaining identifiable tribal affiliations through membership and
                           participation or community identification).

            2.   Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving
                 any construction trade, the contractor/subcontractor shall physically include in each subcontract in excess
                 of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for
                 minority and female participation and which is set forth in the solicitations from which the contract resulted.

            3.   If the contractor is participating (pursuant to 41 C.F.R. § 60-4.5) in a hometown plan (the “Plan”) approved
                 by the U.S. Department of Labor in the covered area either individually or through an association, the
                 contractor's affirmative action obligations on all work in the Covered area (including goals and timetables)
                 shall be in accordance with that Plan for those trades which have unions participating in the Plan.
                 Contractors must be able to demonstrate their participation in and compliance with the provisions of any
                 such Plan. Each contractor or subcontractor participating in an approved Plan is individually required to
                 comply with his or her obligations under the Equal Employment Opportunity (“EEO”) clause, and to make
                 a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The
                 overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan
                 does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve
                 the Plan's goals and timetables.

            4.   The contractor shall implement the specific affirmative action standards provided in paragraphs 7a
                 through 7p of this Exhibit E. The goals set forth in the solicitation are expressed as percentages of the
                 total hours of employment and training that the contractor should reasonably be able to achieve for
                 minority and female utilization in each construction trade in which it has employees in the covered area.

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                 The contractor is expected to make substantially uniform progress toward these goals in each craft during
                 the period specified.

            5.   Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
                 contractor has a collective bargaining agreement to refer either minorities or women, shall excuse the
                 contractor's obligations under these specifications, the Executive Order, or the regulations promulgated
                 pursuant thereto.

            6.   In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,
                 such apprentices and trainees must be employed by the contractor during the training period, the
                 contractor must have made a commitment to employ the apprentices and trainees at the completion of
                 their training, subject to the availability of employment opportunities. Training must be in accordance with
                 training programs approved by the U.S. Department of Labor.

            7.   The contractor shall take specific affirmative actions to ensure equal employment opportunity. The
                 evaluation of the contractor's compliance with these specifications shall be based upon the contractor's
                 efforts to achieve maximum results from these actions. The contractor shall document these efforts fully,
                 and shall implement affirmative action steps at least as extensive as the following:

                      a.      Ensure and maintain a working environment free of harassment, intimidation, and coercion at
                      all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor,
                      where possible, will assign two (2) or more women to each construction project. The contractor shall
                      specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are
                      aware of and carry out the contractor's obligation to maintain such a working environment, with
                      specific attention to minority or female individuals working at such sites or in such facilities.

                      b.               In Process
                             Establish and maintain a current list of minority and female recruitment sources, provide written
                      notification to minority and female recruitment sources and to community organizations when the
                      contractor's or the contractor's union have employment opportunities available, and maintain a
                      record of the organizations' responses. (See Chapter 17, G. 2. of the Historic Preservation Fund
                      Manual)

                      c.    Maintain a current file of the names, addresses and telephone numbers of each minority and
                      female off-the-street applicant and minority or female referral from a union, a recruitment source or
                      community organization and of what action was taken with respect to each such individual. If such
                      individual was sent to the union hiring hall for referral and was not referred back to the contractor,
                      this shall be documented in the file with the reason therefor, along with whatever additional actions
                      the contractor may have taken.

                      d.    Provide immediate written notification to the Director when the union or unions with which the
                      contractor has a collective bargaining agreement has not referred to the contractor a minority person
                      or woman sent by the contractor, or when the contractor has other information that the union referral
                      process has impeded the contractor's effort to meet its obligations.

                      e.    Develop on-the-job training opportunities and/or participate in training programs for the areas
                      which expressly include minorities and women, including upgrading programs and apprenticeship
                      and trainee programs relevant to the contractor's employment needs, especially those programs
                      funded or approved by the Department of Labor. The contractor shall provide notice of these
                      programs to the sources compiled under 7b, above.

                      f.    Disseminate the contractor's EEO policy by providing notice of the policy to unions and training
                      programs and requesting their cooperation in assisting the contractor in meeting EEO obligations;
                      by including it in any policy manual and collective bargaining agreement, by publicizing it in the
                      company newspaper; annual report, etc.; by specific review of the policy with all management
                      personnel and with all minority and female employees at least once a year; and by posting the
                      company EEO policy on bulletin boards accessible to all employees at each location where
                      construction is performed.



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                      g.    Review, at least annually, the company's EEO policy and affirmative action obligations under
                      these specifications with all employees having any responsibility for hiring, assignment, layoff,
                      termination or other employment decisions including specific review of these items with onsite
                      supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of
                      construction work at any job site. A written record shall be made and maintained identifying the time
                      and place of these meetings, persons attending, subject matter discussed, and disposition of the
                      subject matter.

                      h.    Disseminate the contractor's EEO policy externally by including it in an advertising in the news
                      media, specifically including minority and female news media, and providing written notification to
                      and discussing the contractor's EEO policy with other contractors and subcontractors with whom the
                      contractor does or does not anticipate doing business.

                      i.     Direct recruitment efforts, both oral and written, to minority, female and community
                      organizations, to schools with minority and female students and to minority and female recruitment
                      and training organizations serving the contractor's recruitment area and employment needs. Not
                      later than one month prior to the date for the acceptance of applications for apprenticeship or other
                      training by any recruitment sources, the contractors shall send written notification to organizations
                      such as the above, describing the openings, screening procedures, and tests to be used in the
                      selection process.

                      j.    Encourage present minority and female employees to recruit other minority persons and
                      women and, where reasonable, provide after-school, summer and vacation employment to minority
                      and female youth both on the site and in other areas of a contractor's workforce.

                      k.
                                      In Process
                           Validate all tests and other selection requirements where there is an obligation to do so under
                      41 C.F.R. § 60-3.

                      l.   Conduct, at least annually, an inventory and evaluation of at least all minority and female
                      personnel for promotional opportunities and encourage these employees to seek or to prepare for,
                      through appropriate training, etc., such opportunities.

                      m. Ensure that seniority practices, job classifications, work assignments and other personnel
                      practices, do not have a discriminatory effect by continually monitoring all personnel and
                      employment-related activities to ensure that the EEO policy and the contractor's obligations under
                      these specifications are being carried out.

                      n.    Ensure that all facilities and company activities are nonsegregated except that separate or
                      single-user toilet and necessary changing facilities shall be provided to assure privacy between the
                      sexes.

                      o.   Document and maintain a record of all solicitations of offers for subcontracts from minority and
                      female construction contractors and suppliers, including circulation of solicitations to minority and
                      female contractor associations and other business associations.

                      p.    Conduct a review, at least annually, of all supervisors' adherence to and performance under
                      the contractor's EEO policies and affirmative action obligations.

            8.   Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more
                 of the affirmative action obligations (7a through 7p). The efforts of a contractor association, joint
                 contractor-union, contractor-community (or other similar group of which the contractor is a member and
                 participant), may be asserted as fulfilling any specifications provided that:

                      a.   the contractor actively participates in the group,

                      b.   makes every effort to assure that the group has a positive impact on the employment of
                      minorities and women in the industry,



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                      c.   ensures that the concrete benefits of the program are reflected in the contractor's minority and
                      female workforce participation,

                      d.    makes a good faith effort to meet its individual goals and timetables, and

                      e.   can provide access to documentation which demonstrates the effectiveness of actions taken
                      on behalf of the contractor.

                 The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation
                 shall not be a defense for the contractor's noncompliance.

            9.   The contractor is required to provide equal employment opportunity and to take affirmative action for all
                 minority groups, both male and female, and all women, both minority and non-minority. Consequently,
                 the contractor may be in violation of the Executive Order if a particular group is employed in a substantially
                 disparate manner (for example, even though the contractor has achieved the goals for women generally,
                 the contractor may be in violation of the Executive Order if a specific minority group of women is under
                 utilized.)

            10. The contractor shall not use the goals and timetables of affirmative action standards to discriminate
                against any person because of race, color, religion, sex, or national origin.

            11. The contractor shall not enter into any subcontract with any person or firm debarred from government
                contracts pursuant to the Executive Order.

            12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the

                                       In Process
                Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts
                as may be imposed or ordered pursuant to the Executive Order, as amended, and its implementing
                regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry
                out such sanctions and penalties shall be in violation of these specifications and the Executive Order, as
                amended.

            13. The contractor, in fulfilling the obligations under these specifications, shall implement specific affirmative
                action steps, at least as extensive as those standards prescribed in paragraph 7 of this Exhibit E, so as
                to achieve maximum results from the efforts to ensure equal employment opportunity. If the contractor
                fails to comply with the requirements of the Executive Order, the implementing regulations, or these
                specifications, the Director shall proceed in accordance with 41 C.F.R. § 60-4.8.

            14. The contractor shall designate a responsible official to monitor all employment-related activity to ensure
                that the company EEO policy is being carried out, to submit reports relating to the provisions thereof as
                may be required by the Government, and keep records. Records shall at least include for each employee
                the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification
                number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee,
                helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay,
                and locations at which the work was performed. Records shall be maintained in an easily understandable
                and retrievable form; however, to the degree that existing records satisfy this requirement, contractors
                shall not be required to maintain separate records.

            15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
                establish different standards of compliance or upon the application of requirements for hiring of local or
                other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
                Development Block Grant Program).




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                                                       EXHIBIT F

                                             EQUAL OPPORTUNITY CLAUSE
                                                     [Follows under this cover]




                                      In Process




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                                                               CG23-456

                                           FOR THE CITY OF MUSKEGON
                                 HACKLEY PARK MONUMENT CONSERVATION PROJECT

                                          EQUAL EMPLOYMENT OPPORTUNITY CLAUSE


            The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
            construction work, or modification thereof, as defined in the regulations of the Secretary of Labor 41 C.F.R.
            Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed
            on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or
            undertaken pursuant to any Federal program involving such grant, contract, loan insurance, or guarantee, the
            following equal opportunity clause:

            During the performance of this contract, the contractor agrees to the following:

            1.   The contractor will not discriminate against any employee or applicant for employment because of race,
                 color, religion, sex, or national origin. The contractor will take affirmative action to ensure the applicants
                 are employed, and that employees are treated during employment without regard to their race, color,
                 religion, sex, or national origin.

            2.   The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
                 contractor, state that all qualified applicants will receive consideration for employment without regard to


            3.
                                       In Process
                 race, color, religion, sex, or national origin.

                 The contractor will send to each labor union or representative of workers with which the contractor has a
                 collective bargaining agreement or other contract or understanding, a notice to be provided advising the
                 said labor union or workers' representatives of the contractor's commitments under this section, and shall
                 post copies of the notice in conspicuous places available to employees and applicants for employment.

            4.   The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 (the
                 “Executive Order”), and of the rules, regulations, and relevant orders of the Secretary of Labor.

            5.   The contractor will furnish all information and reports required by the Executive Order, and by rules,
                 regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to all books,
                 records, and accounts by the administering agency and the Secretary of Labor for purposes of
                 investigation to ascertain compliance with such rules, regulations, and others.

            6.   In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with
                 any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in
                 whole or in part and the contractor may be declared ineligible for further Government contracts or federally
                 assisted construction contracts in accordance with procedures authorized in the Executive Order, and
                 such other sanctions may be imposed and remedies invoked as provided in the Executive Order, or by
                 rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

            7.   The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
                 provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
                 rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of the Executive
                 Order, so that such provisions will be binding upon each subcontractor or vendor. The contractor will
                 take such action with respect to any subcontract or purchase order as the administering agency may
                 direct as a means of enforcing such provisions, including sanctions for noncompliance; provided,
                 however, that in the event a contractor becomes involved in, or is threatened with, litigation with a
                 subcontractor or vendor as a result of such direction by the administering agency, the contractor may
                 request the United States to enter into such litigation to protect the interests of the United States.

                 The applicant further agrees to be bound by the above equal opportunity clause with respect to its own
                 employment practices when participating in federally assisted construction work; provided, that if the

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                 applicant so participating is a State or local government, the above equal opportunity clause is not
                 applicable to any agency, instrumentally, or subdivision of such government which does not participate
                 in work on or under the contract.

                 The applicant agrees to assist and cooperate actively with the administering agency and the Secretary of
                 Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause
                 and the rules, regulations, and relevant orders of the Secretary of Labor, to furnish the administering
                 agency and the Secretary of Labor such information as they may require for the supervision of such
                 compliance, and to otherwise assist the administering agency in the discharge of the agency's primary
                 responsibility for securing compliance.

                 The applicant further agrees to refrain from entering into any contract or contract modification subject to
                 the Executive Order, with a contractor debarred from, or who has not demonstrated eligibility for,
                 Government contracts and federally assisted construction contracts pursuant to the Executive Order and
                 will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed
                 upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to
                 Part II, Subpart D of the Executive Order. In addition, the applicant agrees that failure or refusal to comply
                 with these undertakings may cause the administering agency to take any or all of the following actions:
                 cancel, terminate, or suspend in whole or in part this grant, contract, loan, insurance, guarantee; refrain
                 from extending any further assistance to the applicant under the program with respect to which the failure
                 or refusal occurred until satisfactory assurance of future compliance has been received from such
                 applicant; and refer the case to the U.S. Department of Justice for appropriate legal proceedings.




                                       In Process




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                                                       EXHIBIT G

                                CERTIFICATION OF NON-SEGREGATED FACILITIES

                                                     [Follows under this cover]




                                      In Process




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                                                                CG23-456

                                           FOR THE CITY OF MUSKEGON
                                 HACKLEY PARK MONUMENT CONSERVATION PROJECT


                                        CERTIFICATION OF NONSEGREGATED FACILITIES


            [Applicable to federally assisted construction contracts and related subcontracts exceeding Ten Thousand
            Dollars ($10,000.00) which are not exempt from the Equal Opportunity clause.]

            The federally assisted construction contractor certifies that he/she does not maintain or provide for his/her
            employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her
            employees to perform their services at any location, under his/her control, where segregated facilities are
            maintained. The federally assisted construction contractor certifies further that he/she will not maintain or
            provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she will
            not permit his/her employees to perform their services at any location, under his/her control, where segregated
            facilities are maintained. The federally assisted construction contractor agrees that a breach of this
            certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term
            "segregated facilities" means any waiting rooms, work area, rest rooms and other storage or dressing areas,
            parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
            provided for employees which are segregated by explicit directive or are in fact segregated on the basis of
            race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted

                                       In Process
            construction contractor agrees that (except where he/she has obtained identical certifications from proposed
            subcontractors for specific time periods) he/she will obtain identical certifications from proposed
            subcontractors prior to the award of subcontracts exceeding Ten Thousand Dollars ($10,000.00) which are
            not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications
            in his/her files.



                 _____________________________________________________________
                 Signature                               Date


                 _____________________________________________________________
                 Name and Title of Signer (Please type or print)




                     NOTE: The penalty for making false statement in offers is prescribed in 18 U.S.C. § 1001.




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                                                       EXHIBIT H

                                                CONSERVATOR’S REPORT

                                                     [Follows under this cover]




                                      In Process
DocuSign Envelope ID: 1C2D77AB-5844-473F-BC42-E533EA04ED69
                                                                                          SITE VISIT REPORT & PROPOSAL
                                                                                                  473 W Fullerton Ave, Elmhurst IL 60126
                                                                                               847.491.0110 ThirdCoastConservation.com


           Visit Date September 22nd to 23rd, 2021                                                                                To
           Revision Date November 15th , 2022                                                     Brenda Nemetz, Collections Manager
           Submitted By                                                                                    Lakeshore Museum Center
           Anna Weiss-Pfau, AIC-PA, Principal Conservator 630.308.0390                                                 231-724-5532
           [email protected]                                                              [email protected]
           L.Liparini Studio ◆ Third Coast Conservation, LLC (LTC)



                                                                    Project
                                  Conservation & Maintenance Assessment of City of Muskegon
                                   5 Hackley Park Bronze Sculptures and 2 Additional Bronzes

                     Conservation & Maintenance Assessment of Sculptures within the City of Muskegon




                                       In Process
                                                                    Scope

          Third Coast Conservation was asked to assess 7 sculptures in Hackley Park in Muskegon, Michigan, 1 cannon, and 5 bronze
          sculptures, and 7 additional sculptures within the city.

          This Site Visit Report & Proposal Part 1 will cover the assessment, treatment proposals, and associated costs to conserve 7
          Hackley Park Bronze Sculptures and cannon.
          Part 2 will include maintenance and treatment recommendations for the additional sculptures.




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                                                    Hackley Park Sculptures

           1.
           Civil War Monument – Aka “Soldiers and Sailors Monument”
           Joseph Carabelli          1889               Bronze / Granite


          Dimensions of Monument:             80’ (H) 30’ (W) 30’(W) (estimated)
                        Liberty               12’
                        4 Figures             7’      1’10” 1’10” (average)


          This monument includes the Liberty sculpture at the top, with 4 other sculptures on the
          lower portion including an Artilleryman, Infantryman, Calvaryman, and Sailor. More in-
          depth descriptions are featured in the 1994, and 1997-1998 reports.

          The monument was examined from a 60’ articulated mobile elevated work platform. It
          was not sufficient to get very close to the Liberty statue. The use of a zoom lens on the
          DSLR camera was able to aid in the examination. Also note that the sculpture was

                                        In Process
          examined in the rain, and so some areas of the sculptures may appear dark where they
          are wet. Some areas of the sculptures were dry and thus able to be properly examined.

          Previous Treatment
          The previous treatment in 1997-1998 included both the bronze and the stone. The
          bronze was washed to remove loosely adhered corrosion products, chemically
          patinated with hot potassium sulfide, and hot waxed. The granite was considered in
          excellent condition aside from a vertical crack on the stone that liberty is mounted to
          and washed.

          A Cleaning Report report from 2016 was provided and staff indicated that another
          maintenance likely occurred in 2018-2019. This includes details of condition issues. It
          was noted that 1 can of wax was used, and ¼ cup of detergent was used. It is not noted
          what type of wax or detergent was used.

          General Conditions pertaining to all 5 sculptures
          All 5 sculptures appear in good condition from afar. Up close, blue-green oxidation has
          begun to form in a spotted appearance, notably in areas of bolts, along the bottom
          edges of the base, high points/edges of elements including the bottoms or folds in
          pants, on top of each of the heads. This spotty appearance does seem consistent
          throughout each of the sculptures. When the sculpture is examined completely dry, there may be areas with more
          significant oxidized areas that may be unsightly. If this were the case, localized patination might be possible, but otherwise
          since it is mostly evenly oxidizing, simply waxing may be appropriate.




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          An unusual spotted and sometimes bubbling has appeared in areas where wax is often
          heavily applied. This may be because of a heavy application of wax in that area or a
          reaction due to a residue of a soap.
          All sculptures have soiling and insect residues and nests.

          The 2016 Cleaning Report indicates that the caulk is missing for several of the
          sculptures. It may be possible that the conservators in the 1998 treatment never
          applied caulk in order to provide for drainage of water.

          Notable is that each sculpture was never given an Incralac coating. This was likely
          chosen because it appears the previous work was performed from a lift or scaffolding and incralac is difficult to spray
          appropriately in-situ. Additionally, it must be replaced when it begins to fail every 7 years, and this may be difficult for the
          city to manage. Each sculpture was hot waxed during the 1998 treatment.


          Stone
          The monument’s stone (granite) was mostly in good condition. The most notable issue was that the stone, along with all of
          the other stone monuments appeared to have an uneven shades of yellow discoloration. This was not mentioned in the
          1997 treatment report or 1994 Outdoor Sculpture Condition Survey. This phenomenon might appear in images in the 1994
          survey, however it is difficult to discern because the pdf is a photocopy.



                                        In Process
          On the side between the infantryman and the calvaryman there is a substantial amount of spalling on the side of the stone
          that is not present in the 1994 images. It is the conservator’s opinion that this yellow discoloration may have been slowly
          forming over time and is much more noticeable now than it was in 1994-1998. It is likely from a consolidation or water
          repellent treatment that is ageing, and it may have begun to cause spalling in certain areas, including that mentioned
          above. The original lead jointing and the crack on the stone top that were repaired in 1997-1998 appear in good condition.

          Liberty
          The Liberty sculpture was only examined from 60’, as the wrong lift size was delivered.
          Structurally, the sculpture appears in good condition. The dark line along the back of the proper right arm that was
          mentioned in 1994, was repaired in 1997-1998 treatment, and it appears to still be holding strong.
          In the 2016 cleaning report, it was noted that the eagle was corroded on top and bottom; unfortunately this could not be
          seen during this examination.
          Spots of crusts forming in crevices is evident. There are more significant areas of oxidation forming in bright green spots,
          including a yellow-green, likely from bird droppings.

          Sailor (west)
          Structurally the sailor appears in good condition. It was noted in the 1997-1998 treatment that the sailor’s cutlass (sword)
          was replaced. This was not present in the 2016 report it was noted that a replacement is in the museum’s storage until a
          conservator is hired to reattach it.
          As mentioned in the general conditions, the sailor’s neckerchief has spots of bubbling in the wax layer. The hat also has
          extensive green corrosion formation.

          Artilleryman (south)
          It was noted in the 2016 cleaning that there is a large spot of corrosion where the water drips on the statue from the
          granite above. This area may require patina correction, as it has become green/blue.

          Infantryman (east)
          The back of the infantryman’s hat appears heavily oxidized, and this may be an area that requires some patina correction.
          There is also extensive wax build up as well in crevices, which has also been previously noted.

          Cavalryman (north)
          Conditions consistent with the above and previous reports, including the missing nut on the back of the base.

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          Treatment Questions
          1. How much would the city like us to address oxidation (blue-green spotting)? Would a wax removal and replacement
               with a tinted wax be sufficient, or just a spot treatment of more substantial oxidized areas, or full re-patination? Full
               repatination would be a much more substantial operation, including scaffolding or the deinstallation of the figures. A
               lacquer layer would also protect them further. The conservators would suggest the spot treatment, with a tinted wax
               at this time, as they have not completely oxidized and from the ground the oxidation is hard to see, but this may be a
               consideration for the future.

          Treatment Proposal
          Setup needs: 1 x 80’ lift and 1 x 40-60’ lift or scaffolding
              1. Document before, during, and after treatment in written and photographic methods
              2. Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes
                   to remove dirt, dust, grime, accretions, followed by thorough water washing.
              3. Come prepared to perform minor structural repair and patching, as well as toning of previous fills if they have
                   degraded.
              4. Remove wax completely on the entire sculptures with appropriate solvents.
              5. Wash sculptures with distilled water to ensure any pervious soaps applied to the sculptures is removed or
                   deactivated.
              6. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will
                   likely be present in small areas, especially on the Liberty sculpture.
              7. Perform minor patina correction with potassium sulfide for more unsightly and more heavily oxidizing areas.


                                        In Process
                           i. Area will be rinsed with distilled water, surface heated with a blow-torch, potassium sulfide applied.
                                 Testing will be performed to determine the timeline upon which the potassium sulfide should be
                                 rinsed with distilled water.
              8. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol.
              9. Hot-wax sculptures with Butcher’s Bowling Alley Wax.


           2.
           Abraham Lincoln
           Charles Henry Neihaus   1899              Bronze / Granite
           Dimensions: Estimated 5’ (H) x 4’ (W) with 7’ tall base

          Condition
          Object is in good condition overall.
          On the surface there is red paint on the top of the base near the feet in small areas.
          There is significantly more oxidation over several surfaces and areas than the other
          sculptures in Hackley Park. This sculpture may be interacted with more often with the
          public, as it is much more climbable.
          The oxidation is along both of his legs, cloak, upper folds of his clothing and hair, the top
          surface of the base.
          The wax layer appears to be becoming cloudy overall by most significantly along the back of
          the chair.
          Review of the 2016 report does not indicate any major changes.

          Stone
          There appears to be the same yellowing of the stone as the Civil War Memorial, including
          some areas of spalling on the base.


          Treatment Proposal
          Setup needs: 1 x 40-60’ lift, ladders
              1. Document before, during, and after treatment in written and photographic methods
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               2.   Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes
                    to remove dirt, dust, grime, accretions, followed by thorough water washing.
               3.   Remove red paint with appropriate solvents.
               4.   Come prepared to perform minor structural repair and patching as needed.
               5.   Remove wax completely on the entire sculpture with appropriate solvents.
               6.   Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will
                    likely be present in small areas.
               7.   Perform patina correction with potassium sulfide for more unsightly and more heavily oxidizing areas including
                    on Lincoln’s cloak and legs, top surface of the base.
                            i. Area will be rinsed with distilled water, surface heated with a blow-torch, potassium sulfide applied.
                                Testing will be performed to determine the timeline upon which the potassium sulfide should be
                                rinsed with distilled water.
               8.   Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol.
               9.   Hot-wax sculpture with tinted Butcher’s Bowling Alley Wax.


           3.
           Ulysses S. Grant
           J. Massey Rhind         1899                Bronze/Granite
           Dimensions: Estimated 7’ (H) with 7’ tall base

          Condition

                                        In Process
          Good condition. More areas of oxidation including on the strap, along the perimeter
          of the base. None disfiguring. Pooling
          on top of the base in oxidized iron, so there is likely an area of steel exposed that is
          causing this pooling; this was noted to have been growing in the 2016 notes.
          Same issues with the base.
          It was noted in the 2016 notes that the sword tip and ring from the sword strap were
          missing, and these on file in the Museum until a conservator can reattach them. No
          other new condition notes visible.

          Stone
          The same issues as noted for the other stone however this stone appears more
          significant drip-like yellow discoloration, as well as from the ferrous oxidation, and a
          blue/green along the top edge of the stone.
          Additionally, noted in 2016 was a white crystalline material along the edge. This
          should be tested for salts or lead.


          Treatment Proposal
          Setup needs: 1 x 40-60’ lift, ladders
              1. Document before, during, and after treatment in written and photographic
                   methods
              2. Test white crystalline material for lead or salts.
              3. Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes
                   to remove dirt, dust, grime, accretions, followed by thorough water washing.
              4. Come prepared to perform minor structural repair and patching as needed if the city would like the missing
                   elements reattached.
              5. Remove wax completely on the entire sculpture with appropriate solvents.
              6. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will
                   likely be present in small areas.
              7. Excavate area of ferrous corrosion and treat with tannic acid.
              8. Perform patina correction with potassium sulfide for more unsightly and more heavily oxidizing areas if
                   necessary.
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                           i.Area will be rinsed with distilled water, surface heated with a blow-torch, potassium sulfide applied.
                             Testing will be performed to determine the timeline upon which the potassium sulfide should be
                             rinsed with distilled water.
               9. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol.
               10. Hot-wax sculpture with Butcher’s Bowling Alley Wax.

           4.
           William Tecumseh Sherman
           J. Massey Rhind         1899                Bronze/Granite
           Dimensions: Estimated 7’ (H) with 7’ tall base


          Condition
          This sculpture in in good condition. The wax is ageing around the base, but this layer
          seems in otherwise good condition. There is more insect activity with this
          sculpture, including spider webs, growth and white spots.
          Highpoints exhibit some oxidation but not as significantly as other sculptures in this
          group. Corrosion particularly significant along the bottom edges where the
          sculpture meets the base.

          Stone
          The same issues as noted for the other stone however this stone has substantially

                                       In Process
          more biological growth on it compared to the others. May suggest washing with D2
          to kill the biological growth. The yellowing is more drip-like, as well as from the
          ferrous oxidation, and a blue/green along the top edge of the stone.

          Treatment Proposal
          Setup needs: 1 x 40-60’ lift, ladders
              1. Document before, during, and after treatment in written and
                   photographic methods
              2. Wash with a power washer, followed by water washing with 1% Orvus
                   (detergent) and synthetic bristle brushes to remove dirt, dust, grime, accretions, followed by thorough water
                   washing.
                           a. This treatment would also include the base, followed by the use of D2 biological solution to try to
                               reduce the biological growth on the base.
              3. Come prepared to perform minor structural repair and patching as needed.
              4. Remove wax completely on the entire sculpture with appropriate solvents.
              5. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will
                   likely be present in small areas.
              6. Excavate area of ferrous corrosion and treat with tannic acid.
              7. Perform patina correction with potassium sulfide for more unsightly and more heavily oxidizing areas if
                   necessary. This is not likely as no areas were particularly distracting, but it will be prepared for.
                           a. Area will be rinsed with distilled water, surface heated with a blow-torch, potassium sulfide applied.
                               Testing will be performed to determine the timeline upon which the potassium sulfide should be
                               rinsed with distilled water.
              8. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol.
              9. Hot-wax sculpture with Butcher’s Bowling Alley Wax.




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           5.
           William McKinley
           Charles Henry Niehaus/Joseph Carabelli                 1899              Bronze/Granite

          Condition
          Structurally stable.
          Small areas of oxidation beginning in crevices, as well as significant biological growth
          particularly along the interior of the jacket.
          The sculpture overall exhibiting significant deterioration in a previously applied wax
          layer, as it appears to be blooming throughout, particularly the jacket.
          White oxidation running down the side of the jacket along the arm. Proper left
          shoulder may have an additional darkening phenomenon occurring, potentially a
          biological growth or a past treatment.

          Stone
          The stone base is in good condition and had just been power washed when the
          conservator arrived.

          This sculpture was not maintained by the city or museum in previous years.

          Treatment Proposal
          Setup needs: ladders, rolling scaffold – this sculpture is located on top of a stone

                                        In Process
          monumental base platform with a flower bed immediately behind the platform, so a
          lift would likely not be desired. Conservators will attempt the work with a rolling scaffold with outriggers and ladders from
          the front
                1. Document before, during, and after treatment in written and photographic methods
                2. Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes
                     to remove dirt, dust, grime, accretions, followed by thorough water washing.
                3. Come prepared to perform minor structural repair and patching as needed if the city would like the missing
                     elements reattached.
                4. Remove wax completely on the entire sculpture with appropriate solvents.
                5. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will
                     likely be present in small areas.
                6. Perform patina correction with potassium sulfide for more unsightly and more heavily oxidizing areas if
                     necessary. This was not visible but conservators will be prepared if needed.
                             i. Area will be rinsed with distilled water, surface heated with a blow-torch, potassium sulfide applied.
                                  Testing will be performed to determine the timeline upon which the potassium sulfide should be
                                  rinsed with distilled water.
                7. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol.
                8. Hot-wax sculpture with Butcher’s Bowling Alley Wax.




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           6.
           General Philip Kearny
          Henry Kirke Brown         1901                Bronze/Granite
          Located in Pocket park
          Dimensions: Estimated 7’ (H) on 7’ tall stone base

          Condition
          Object viewed in the rain.
          Object is in generally good condition. Oxidation was more significant along edges and
          highpoints, as well as corrosion along the base of the bronze around the pedestal.
          As noted in the 2016 notes, there is a missing sword strap.

          This wax appears in better condition, and may not require the wax to be completely
          removed, but it may required when able to be viewed up close in drier conditions.

          Treatment Proposal
          Setup needs: ladders, rolling scaffold with outriggers
              1. Document before, during, and after treatment in written and photographic
                   methods
              2. Wash with a power washer, followed by water washing with 1% Orvus
                   (detergent) and synthetic bristle brushes to remove dirt, dust, grime, accretions,
                   followed by thorough water washing.

                                        In Process
              3. Come prepared to perform minor structural repair and patching as needed if the
                   city would like the missing elements reattached if they have the strap.
              4. Remove wax completely on the entire sculpture with appropriate solvents.
              5. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will
                   likely be present in small areas.
              6. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol.
              7. Hot-wax sculpture with Butcher’s Bowling Alley Wax.

           7.
           Admiral Farragut
           Charles Henry Niehaus    1899                Bronze/Granite
           Dimensions: Estimated 7’ (H) on 7’ tall base

          Condition
          Good condition overall. Areas of oxidation appearing on the proper left leg, as well as
          other high points like the cloak’s edge and top of binoculars.

          The strap on the back appears to be hanging inappropriately and has damaged part of
          the cloak. This should be checked against historic images to see if this is to be
          reassembled in a different way. Part of that strap is scratched as well and has a green
          oxidation forming.
          Bright green, likely bronze disease (bright green corrosion) forming under the back of
          the hair.
          Conservator does not see a rusty area on the back as noted in 2016 but it could be the
          lighting and should be examined further once a lift is procured.

          Stone
          Same yellow discoloration phenomenon on the base as the other monuments.

          Treatment Proposal
          Setup needs: 1 x 40-60’ lift, ladders
                                                                                                                       Page 8 of 10
DocuSign Envelope ID: 1C2D77AB-5844-473F-BC42-E533EA04ED69




                1.   Document before, during, and after treatment in written and photographic methods
                2.   Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes
                     to remove dirt, dust, grime, accretions, followed by thorough water washing.
                3.   Come prepared to perform minor structural repair and patching as needed if the city would like the missing
                     elements reattached if they have the strap.
                4.   Remove wax completely on the entire sculpture with appropriate solvents.
                5.   Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will
                     likely be present in small areas.
                6.   Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol.
                7.   Come prepared to do additional patina work but likely not necessary.
                8.   Hot-wax sculpture with Butcher’s Bowling Alley Wax.




                                                                   Images

          Images are available for download from the following Google Drive link. The link will expire in 2 months from the date of
          this report.
          https://drive.google.com/drive/folders/1jya7eFaEv273u8hb3ZjC1GeOWXsW-hdT?usp=sharing

                                        In Process
                                                                  Estimate
          City to provide quick coupler and water hookup for Hackley Park.



          Equipment & Rental Requirements
            Object   Object Name                   Treatment Proposed      Major Equipment Needed            Rental Costs
            #
            1        Civil War Monument            Wax removal, minor      Scaffolding or 80’ lift rental    Provided by city
            2        Abraham Lincoln               corrosion treatment     20’ Lift Rental                   Provided by city
            3        Ulysses S. Grant              and patina
            4        William Tecumseh              correction, hot wax
                     Sherman
            7        Admiral Farragut
            5        William McKinley                                      Ladders/rolling scaffolding       Provided by city
            6        General Philip Kearny
                                                                                                     Total   $0




                                                                                                                            Page 9 of 10
DocuSign Envelope ID: 1C2D77AB-5844-473F-BC42-E533EA04ED69




          Project Costs


          Trip 1 – Treatment:      4 perimeter Hackley park sculptures
                   Equipment:      City will provide 2 x 34’ lifts, ladders, water hookup

            Daily Rate                              $920/per         4 people               5 days         18,400
            Transportation, 2-3 vehicles            408 miles        $0.58/mile             2 cars         480
            Administration/reports/documentation                                                           900
            Per Diem                                $60              4 people               5 days         1200
            Hotel                                   $250             4 nights               4 rooms        4000
                                                                                            Total 1/3      $21,680


          Trip 2 – Treatment:      Civil War monument with other crew
                   Equipment       City will provide bring baker scaffolding with outriggers and 1 x 34’ lift (or 2 lifts), ladders, water
                                   hookup

            Daily Rate                              $920/per         3 people               5 days          13,800




            Hotel
                                      In Process
            Transportation, 2-3 vehicles
            Administration/reports/documentation
            Per Diem
                                                    408 miles

                                                    $60
                                                    $250
                                                                     $0.58/mile

                                                                     4 people
                                                                     4 nights
                                                                                            2 cars

                                                                                            5 days
                                                                                            3 rooms
                                                                                                            480
                                                                                                            900
                                                                                                            900
                                                                                                            3000
                                                                                            Total 2/3       19,080



          Trip 3— Treatment:       Civil war monument
                  Equipment:       City will provide 1 x 80’ lift and 1 x 34’ lift, or full monument scaffolding, water hookup

            Daily Rate                              $920/per         4 people               5 days          18,400
            Transportation, 2-3 vehicles            408 miles        $0.58/mile             2 cars          480
            Administration/reports/documentation                                                            900
            Per Diem                                $60              4 people               5 days          1200
            Hotel                                   $250             4 nights               4 rooms         4000
                                                                                            Total 3/3       $21,680

          TOTAL: Hackley Park Sculptures:                                                                  $62,440



          Trip 4— Treatment:       McKinley and Kearny
                  Equipment:       City will provide 1 x 80’ lift and 1 x 34’ lift, or full monument scaffolding, water hookup

            Daily Rate                              $920/per         3 people               5 days          13,800
            Transportation, 2-3 vehicles            408 miles        $0.58/mile             2 cars          480
            Administration/reports/documentation                                                            900
            Per Diem                                $60              3 people               5 days          900
            Hotel                                   $250             4 nights               3 rooms         3000
                                                                                            Total 3/3       $19,080


                                                                                                                            Page 10 of 10
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22, 2023               Title: Contract Award – Nelson House Move

Submitted By: Jamie Pesch                              Department: Development Services

Brief Summary: Staff is requesting authorization to enter into a contract with Deitz House Moving
Engineers, Inc., in the amount of $237,500 to move the historic Nelson House from 1292 Jefferson
Street to the City-owned vacant lot at 382 W. Muskegon Avenue.

Detailed Summary & Background: The Nelson House is currently owned by Muskegon Public
Schools and slated for demolition. Since the presentation at the March 13, 2023 Commission
Worksession, staff has met with a number of house moving contractors and released a Request for
Proposals for bids to move the house as well as complete excavation work and construct a new
basement at 382 W. Muskegon. $200,000 was budgeted in the Public Improvement Fund for the
work.
If moved, the house will be listed for sale in as-is condition and ultimately rehabilitated by a private
owner.

Goal/Focus Area/Action Item Addressed: Goal 1: Destination Community & Quality of Life. Goal 2:
Economic Development, Housing, and Business.

Amount Requested: $237,500                             Budgeted Item:
                                                       Yes           No           N/A

Fund(s) or Account(s): Public Improvement              Budget Amendment Needed:
Fund                                                   Yes           No           N/A

Recommended Motion: I move to authorize staff to enter into a contract with Deitz House Moving
Engineers, Inc. in the amount of $237,500 to move the Nelson House to 382 W. Muskegon
Avenue.

Approvals:                                             Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                                 Yes

Other Division Heads                                   No

Communication
Legal Review
City of Muskegon Request for Proposals
Bids on House Relocation and New Basement Construction
DESCRIPTION OF WORK
Project work involves relocation of the house from Muskegon Public Schools’-owned property at 1292
Jefferson Street to a City-owned vacant lot at 382 W. Muskegon Avenue. The project also involves site
preparation, disconnection from an existing breezeway, construction of new foundation walls, and may
include removal of some building additions if deemed necessary for the move.

Items to be handled by the City of Muskegon include utility disconnections, police escort, wire raising,
security fencing, sidewalk replacement, tree trimming and item removal/reinstallation along route. These
costs are not to be included in submitted proposals.

GENERAL REQUIREMENTS
Proposals shall include all preparation work necessary to stabilize the house, lift the house, clearly
separating it from the existing foundation. The house shall then be moved, positioned over completed
excavation, with footings. After foundation walls are complete, the Contractor shall lower the house on
to the new foundation. When the house is in its final location and position, all moving equipment shall be
removed from the site.

CONTRACTOR RESPONSIBILITIES
    -   Excavation for a new basement at 382 W. Muskegon Avenue.
    -   Construction of a new masonry or poured cement foundation and floor at 382 W. Muskegon
        Avenue to the following specifications:
            o 10’ basement ceilings with the portion of the foundation above grade to match that found
                on the surrounding houses.
            o One basement egress window and four daylit openings.
            o Insulate and backfill the new foundation, compacting and spreading to finished grade.
    -   Disconnect the house from the existing breezeway at 1292 Jefferson Street.
    -   Once the house has been moved from the site, cap the sewer at 1292 Jefferson Street.
    -   All permitting is to be compliant with Chapter 10, Article V of the Muskegon City Code of
        Ordinances (attached) excluding those items specified as being the responsibility of the City in the
        Description of Work of this Request for Proposals.
            o Obtain a Movers License from the City of Muskegon Clerk’s Office and ensure that all work
                is done in compliance with Chapter 10, Article V, Section 10-221 of the Muskegon City
                Code of Ordinances prior to beginning work.
            o Obtain any necessary building, moving, and demolition permits from the City of
                Muskegon Building Inspections Department prior to beginning work.

REQUESTED INFORMATION
Proposals must clearly state the name, address, phone number, and email address of the Contractor. The
Contractor shall submit evidence of sufficient insurance to cover the value of the building and liability
insurance covering accidental occurrences.

Complete proposals will also include the following information:
    -   Total cost estimate for all services provided
    -   Company history and experience
    -   Examples of similar, previous work

PRE-PROPOSAL MEETINGS
Two pre-proposal meetings will be held at the subject house at 1292 Jefferson Street on the following
dates and times at which time and place any questions regarding these projects should be presented:

    -   Tuesday, August 1, 2023 at 10:00a.m.
    -   Thursday, August 3, 2023 at 2:00p.m.

PROPOSAL DEADLINE
Proposals are due by 2:00p.m. local time on Tuesday, August 8, 2023. They must be sealed and delivered
to: Muskegon City Hall, City Clerk’s Office, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443.
Proposal envelopes should be marked “Bid for House Move”.

Staff anticipates presenting a services contract award to the City Commission at their August 22, 2023
meeting.

PRE-PROPOSAL QUESTIONS
Please direct all questions to:

    -   Jamie Pesch, [email protected] 231-724-4405 and,
    -   Tim Harvey, [email protected], 616-566-3577

Attention is called to the fact that the City requires that the Contractor employ local trades and laborers
insofar as possible; that 14% minority and 7% female are the goals established for participation in each
trade; that the Contractor must ensure employees and applicants for employment are not discriminated
against based upon their race, creed, color, religion, sex, national origin, handicapped condition not
veteran background; and that all pertinent regulations must be complied with.

The City Commission may give preference to vendors paying Davis Bacon wages on other projects by
awarding contracts when the lowest qualified prevailing wage bid/price is within 1% or less of the lowest
qualified non-prevailing wage bid. When applicable, the 1% preference can be added to the local
preference up to a 3% or $100,000 differential, whichever is less.

The project shall require a bid bond from each bidder in the amount of five percent (5%) of their bid. The
bond will secure the bid. The bond will be released upon award of the contract by the City Commission
for unsuccessful bidders and upon execution of the contract for the successful bidder.

The project shall require a performance bond from the successful bidder for the full amount of the
contract. This bond will be written in such a manner to ensure satisfactory completion of the project. The
bond shall be in effect for one full year after completion of the project. The bond will be released only
after the project is properly completed and one year has elapsed.

The City of Muskegon reserves the right to reject any or all proposals or to waive any informalities or
irregularities in the proposals.
                                     BUILDINGS AND BUILDING REGULATIONS                                § 10-222



demolition area shall be removed and the open-                (b) Any person desiring to engage in the busi-
ings filled with approved material tamped level            ness of moving houses or other buildings shall
with the sidewalk. An approved installation of the         make application for a license to the city clerk.
resulting sidewalk surface shall be installed with         The applicant shall show that all equipment is in
city approval.                                             good repair and capable of handling all loading of
(Code 1975, § 4-114(8); Code 2002, § 10-140)               moving equipment. The applicant shall show that
                                                           he has recently engaged in the moving of build-
Sec. 10-141. Obstruction of traffic.                       ings or has extensive experience working for a
                                                           licensed building mover. The license shall show
   The contractor shall not close or obstruct any          proof that a comprehensive general liability and
street, sidewalk, alley or passageway unless spe-          vehicle liability insurance in the amount of
cifically authorized by the city. No material what-        $1,000,000.00 is in effect. Such policy shall insure
soever shall be placed or stored in any such area.         the city as a named insured and shall not contain
The owner or contractor shall not interfere with           exclusions for liability arising out of explosions,
the use of roads, streets, alleys, driveways, pas-         excavation, collapse or other hazards.
sageways, sidewalks or other travel facilities.            (Code 1975, § 4-3; Code 2002, § 10-221)
(Code 1975, § 4-114(9); Code 2002, § 10-141)
                                                           Sec. 10-222. Moving permit; application; traf-
Sec. 10-142. Cleanup.                                                   fic escort; bond; etc.
  The owner or contractor shall remove all debris             (a) No person shall move any building within
and equipment and dispose of all material, as              the city until a moving permit has been issued.
above required, and leave the ground clear of all
materials, rubbish or debris.                                 (b) An application for such permit shall be
(Code 1975, § 4-114(10); Code 2002, § 10-142)              made to the department of inspections. The ap-
                                                           plication shall designate the streets, alleys or
                                                           other public places along which the building is to
Sec. 10-143. Burning prohibited.
                                                           be moved.
   No burning shall be permitted within the proj-
                                                              (c) The applicant shall also make arrange-
ect area.
                                                           ments with the city police department's traffic
(Code 1975, § 4-114(11); Code 2002, § 10-143)
                                                           division for any escort that may be necessary.
                                                           Application for a moving permit shall be approved
Sec. 10-144. Permits.                                      by the fire chief, and the director of inspections.
  Demolition permits must be obtained from the             Further, the application shall be accompanied by
department of inspections of the city. Fees for            cm application for building permit in connection
such permit shall be determined by resolution.             with the relocation of the building which must be
(Code 1975, § 4-114(12); Code 2002, § 10-144)              issued at the same time as the approval by the
                                                           director of inspections.
Secs. 10-145—10-220. Reserved.                                (d) A cash bond, certified check or cashier's
                                                           check or cash deposit payable to the order of the
                                                           city in the sum of $10,000.00 shall accompany the
   ARTICLE V. MOVING OF BUILDINGS*                         application for moving permit, the funds to be
                                                           applied in the sole judgment of the city toward all
Sec. 10-221. Mover's license.                              charges, expenses, administrative costs, services
                                                           by the city or damage incurred by the city or by
  (a) No person shall engage in the business of
                                                           others whom the city reimburses in its sole dis-
moving houses or other buildings within the city           cretion. The application of such funds to these
without first obtaining a license therefor.
                                                           costs, expenses or services shall not limit the
   *State law reference—Moving of buildings, MCL 247.188   city's right to charge the permittee for additional
et seq.                                                    costs incurred.


                                                      CD10:19
§ 10-222                                  MUSKEGON CITY CODE



   (e) Where buildings are to be moved or reset          Accessory building or structure means a subor-
upon the same lot, applications shall be made to      dinate building or structure, the use of which is
the director of inspections who shall determine       clearly incidental to that of the main building or
the requirements to protect all utilities on or in    to the use of the land.
the vicinity of the parcel. The permit fee for
moving the building shall not be required in such        Administrator means the person appointed by
cases.                                                the city manager charged with the responsibility
                                                      of administering the provisions of this article.
  (f) When the moving of any building has been          Animal means any living species other than a
commenced it shall be diligently continued with-      human, insect or plant.
out interruption, so as not to become a hazard or
unnecessarily impede or interfere with traffic         Apartment means a dwelling unit located in a
upon any street, alley or public way.                 multifamily building.
(Code 1975, § 4-4; Code 2002, § 10-222)
                                                         Apartment house means a structure containing
                                                      three or more dwelling units.
Sec. 10-223. Compliance with applicable reg-
             ulations.                                  Basement means that portion of a building
                                                      which is partially below and partially above grade
   No building shall be moved from one parcel to      and having at least one-half its height above
another unless such building complies with all        grade.
applicable ordinances and codes after installation
at the new site.                                         Basic structural elements means the parts of a
(Code 1975, § 4-5; Code 2002, § 10-223)               building or structure which provide the principal
                                                      strength, stability, integrity, shape and safety,
Sec. 10-224. Penalty.                                 including, but not limited to, plates, studs, joists,
                                                      rafters, stringers, stairs, subflooring, flooring,
   Any person violating any of the provisions of      sheathing, lathing, roofing, siding, window frames,
this article shall be responsible for a municipal     door frames, porches, railings, eaves, chimneys,
civil infraction.                                     flashing, foundation, masonry and all other essen-
(Code 1975, § 4-7; Code 2002, § 10-225)               tial components.
                                                         Building means any structure built for the
Secs. 10-225—10-280. Reserved.                        support, shelter or enclosure of persons, chattels
                                                      or property of any kind. The term "building" shall
                                                      be construed as if followed by the words "or part
  ARTICLE VI. PROPERTY MAINTENANCE                    thereof."
                 CODE
                                                         Building materials means, but shall not be
                                                      limited to, lumber, bricks, concrete or cinder blocks,
           DIVISION 1. GENERALLY                      plumbing material, electrical wiring or equip-
                                                      ment, heating equipment, including ducts, shin-
Sec. 10-281. Definitions.                             gles, mortar, concrete or cement parts, screws,
   All words and phrases used in this article shall   fence posts and fencing.
be given their common and normal meanings                Cellar means that portion of a building which
unless defined in this section. The words and         is partly or completely below grade, having at
phrases defined in this section shall be given the    least one-half its height below grade.
meaning indicated in the interpretation and en-
forcement of this chapter:                               Certificate of compliance means a certificate
                                                      issued by the director of inspections stating that a
    Abandoned dwelling means an unoccupied dwell-     structure or portion thereof complies with the
ing. Such dwelling is presumed to be abandoned if     requirements of the housing code and all other
it is unoccupied for six months.                      codes regulating the condition or use of property.


                                                 CD10:20
Nelson House Move Proposal
Deitz House Moving Engineers, Inc.
Nelson House Move Proposal
Planet Three Elevation
Nelson House Move Proposal
Wolfe House & Building Movers
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: August 22, 2023              Title: Public Hearing- Approval of the
                                                      Lakeside Business Improvement District
                                                      Special Assessment

Submitted By: Contessa Alexander                      Department: Economic Development

Brief Summary: The Lakeside Business Improvement District is requesting a special assessment
for three more years starting in January of 2024.

Detailed Summary & Background:
Funds from the Lakeside BID assessment in 2021-2023 has allowed for the BID to cover items that
keep the integrity of the business district. Funds have been used to cover snow removal,
Christmas decorations, landscaping and maintenance, Lakeside events, and advertisements in the
Visitors Guide.


In order to continue these services, the Lakeside BID has requested a final three-year assessment
at a 20% reduction for 2024-2026, continuing with the current district boundaries. Class A
properties will have a per parcel rate of $0.04 per square foot of lot size for a Commercial Property,
not to exceed $1,600, and $0.02 per square foot of lot size for an Industrial, Automotive or Utility
Property, not to exceed $1,600. The special assessments will be in the winter tax bills. After the
additional three years is complete, the BID will transition into the CIA.


City staff has provided a Special Assessment Packet that outlines the overview of the request, a
letter from the City of Muskegon Assessor, the budget recommendation and explanation, and the
properties included in the assessment. City staff has introduced the special assessment at the City
Commission meeting on August 7th, 2023. If the district is created, a second public hearing will be
held on September 26 to confirm the special assessment roll.

Goal/Focus Area/Action Item Addressed:
ECONOMIC DEVELOPMENT, HOUSING, AND BUSINESS



Amount Requested: N/A                                 Budgeted Item:
                                                      Yes          No           N/A

Fund(s) or Account(s):                                Budget Amendment Needed:
                                                      Yes          No           N/A
Recommended Motion: I move to approve the creation of a special assessment district in the
Lakeside Business Improvement District for 2024-2026.



Approvals:                                         Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                             Yes

Other Division Heads                               No

Communication
Legal Review
Lakeside Business
Improvement
District

Special Assessment
B e n e fit An a lys is O ve rvie w
History
Funds from the BID assessments from 2021                            -20 23
h a ve e n a b le d u s t o p a y fo r m a n y it e m s w h ic h
im p ro ve d t h e La k e s id e b u s in e s s d is t ric t w h ic h
in c lu d e t h e fo llo w in g s e rvic e s : s n o w re m o va l fro m
s id e w a lk s , Ch ris t m a s d e c o ra t io n s a n d h o lid a y t re e
lig h t in g , la n d s c a p in g a n d m a in t e n a n c e , La k e s id e
e ve n t s a n d a d ve rt is e m e n t in t h e Vis it o rs Gu id e .
Special Assessment 24-26


The City of Muskegon in conjunction with Lakeside stakeholders is
p ro p o s in g t o re n e w t h e La k e s id e B u s in e s s Im p ro ve m e n t D is t ric t
(B ID ) a s s e s s m e n t fo r t h re e m o re ye a rs , s t a rt in g in J a n u a ry o f 20 24 .
Th e B ID b o a rd , a p p o in t e d b y t h e Mu s k e g o n Cit y Co m m is s io n o f B ID
a s s e s s m e n t p a yin g p ro p e rt y o w n e rs , is re c o m m e n d in g t h is re n e w a l.
Special Assessment Rates 2024-
2026
CLASS A PROPERTIES                                           CLASS B PROPERTIES

“Class A” Properties, as defined in                          “Cla s s B ” p ro p e rt ie s a s d e fin e d in t h e
t h e B ID B yla w s , s h a ll b e a s s e s s e d          B ID B yla w s b e a s s e s s e d a n n u a lly
a n n u a lly a s s e s s m e n t o f $ 0 .0 4 /s f w it h   a s s e s s m e n t o f $ 0 .0 2/s f w it h n o
n o a s s e s s m e n t t o e xc e e d $ 1,6 0 0 .           a s s e s s m e n t t o e xc e e d $ 16 0 0 .

                                                             La k e s id e B ID re c o m m e n d s 2 c e n t s
                                                             t h e e s t a b lis h e d ra t e fo r in d u s t ria l,
                                                             a u t o m o t ive a n d u t ilit y p ro p e rt ie s t h a t
                                                             d o n o t g a in a s m u c h b e n e fit fro m t h e
*Th e ra t e is b a s e d u p o n s q u a re fo o t a g e    d is t ric t a s t h e o t h e r c o m m e rc ia l u s e s .
o f t h e a s s e s s e d c o m m e rc ia l p ro p e rt y
Why
Based upon conservative assumptions, the
re c o m m e n d e d ra t e m a in t a in s c u rre n t s e rvic e s a n d
d is c re t io n a ry fu n d s fo r t h e t h re e ye a rs , o ffe rs a 20
p e rc e n t re d u c t io n in s p e c ia l a s s e s s m e n t s a n d p u t s
t h e CIA in a p o s it io n t o c o n t in u e c u rre n t s e rvic e s in
20 27 a n d b e yo n d .

Th e La k e s id e B u s in e s s Im p ro ve m e n t D is t ric t
B o a rd re c o m m e n d s t h a t t h e B ID b e re n e w e d fo r a
fin a l t h re e ye a rs , 20 24 -20 26 s o a s t o c o m p le t e t h e
t ra n s it io n t o t h e CIA, c o n t in u in g w it h c u rre n t
d is t ric t b o u n d a rie s , p la c in g t h e s p e c ia l
a s s e s s m e n t s o n t h e w in t e r t a x b ills a n d
re c o m m e n d in g t h a t t h is b e t h e fin a l B ID re n e w a l
re q u e s t .
    LAKESIDE BUSINESS
  IMPROVEMENT DISTRICT




SPECIAL ASSESSMENT BENEFIT
    ANALYSIS SUMMARY
  PREPARED BY THE CITY OF MUSKEGON STAFF
               JULY 25, 2023
LAKESIDE BID MAP




*Green indicates businesses within the Lakeside Business Improvement District. Red indicated property lines.
2024-2026 Assessment
From: Contessa Alexander, BID-CIA staff liaison on behalf of the Lakeside Business
Improvement District Board
Date: May 17, 2023
To: Muskegon City Clerk/City Commission


Overview:
The three-year Lakeside Business Improvement District special assessment district
ends on Dec. 31, 2023. It has been successful in providing an essential service in
sidewalk snow removal, allowing for a transition from the Lakeside District
Association to the Corridor Improvement Authority and establishing a future of
quality public services to a critical commercial district between downtown and the
beach.
As time goes on, the CIA’s tax increment financing revenues will grow to replace
the BID revenues. The Lakeside Business Improvement District Board
recommends that the BID be renewed for a final three years, 2024-2026 so as to
complete the transition to the CIA, continuing with current district boundaries,
placing the special assessments on the winter tax bills and recommending that
this be the final BID renewal request.


The rate based upon square footage of land of the assessed commercial
properties, Lakeside BID recommends 2 cents the established rate for industrial,
automotive and utility properties that do not gain as much benefit from the
district as the other commercial uses. The Lakeside BID recommends a 4-cent rate
for the next three years, for all of the commercial properties, based upon financial
analysis of revenues and expenditures. Based upon conservative assumptions, the
recommended rate maintains current services and discretionary funds for the
three years, offers a 20 percent reduction in special assessments and puts the CIA
in a position to continue current services in 2027 and beyond.
2024 - 2026 Assessments:
   - “Class A” Properties, as defined in the BID Bylaws, shall be assessed
     annually assessment of $0.04/sf with no assessment to exceed $1,600.
     Contiguous properties with the same use and same owner shall be assessed
      as one property. Property lot size on record with the City Assessor shall be
      used in determining the square footage of properties.
  -   “Class B” properties as defined in the BID Bylaws be assessed annually
      assessment of $0.02/sf with no assessment to exceed $1600. Contiguous
      properties with the same use and same owner shall be assessed as one
      property. Property lot size on record with the City Assessor shall be used in
      determining the square footage of properties.
  - Based on this assessment structure, approximately $21,334.04 will be
    expected to support services for businesses and property owners within the
    Lakeside BID during 2024-2026.
  - The assessment shall be placed on the 2024, 2025 and 2026 winter
    property tax bills. This is the final special assessment the BID is
    recommending.
  - The 2024-2026 Lakeside BID district, assessment rolls and collection
    methods were discussed at Lakeside BID Board meetings on April 12, 2023
    and May 17, 2023. A resolution supporting the above recommendation was
    voted on at the May 17, 2023 Lakeside BID Board meeting. The vote result
    was as follows:
2024-26 BID Recommendation Vote: Recommendation approved 7-0
Member                Yes     No     Abstention      Motion/Support Absent
Chair Mark            X                              Support
Flermoen
Melanie Lyonnais      X
Ron Jenkins           X
Louise Hopson         X                              Motion
Kathy Fearnley        X
Dick Ghezzi           X
Andrea Chambers                                                         X
Allen Serio             X
Jonathan Seyferth   X
                Lakeside Business Improvement District
Budget Recommendation & Explanation
Date: May 17, 2023
To: Muskegon City Clerk/City Commission
From: Lakeside Business Improvement District Board

Budget Recommendation:
This is a proposed budget for the Lakeside Business Improvement District for 2024-2026.
Based on a two-tier assessment where “Class A” Properties pay $0.04/sf annually and “Class B”
Properties pay $0.02/sf annually the Lakeside BID can expect to generate $21,334.04 during
2024. Property special assessments are capped at $1,600.
                      Proposed 2024-2026 BID budgets

 2023 BID Estimated Fund Balance                 $22,271.00
               2024 Revenues
 2024 BID Special Assessments                    $21,334.04
 2024 Estimated CIA Revenues                     $10,538.00
 Total Revenues                                  $31,869.04
              2024 Expenditures
 Snow removal                                    ($26,880.00)
 Landscaping                                     ($500.00)
 Marketing, promotion, events                    ($1,000.00)
 Holiday Decorations/ Streetscape                ($3,500.00)
 *Contingency                                    Not included

 Total                                           ($31,880.00)

 2024 BID Estimated Fund Balance                 $22,263.04



Budget Explanation:
Snow removal: This is the largest item. Sidewalk snow removal current contract with Berry
Ghezzi is in place for 2023-2024 and will be reviewed for the final two years.
Landscaping: Materials to be provided for volunteer work.
Marketing, promotion, events: The BID will have enough in this line item or the fund balance to
assist for a summer or fall event.
Holiday Decorations/ Streetscape: The BID will consider tree lighting and pole decorating for the
holiday season.


The 2024-2026 BID budget and work plan was approved by a vote of the BID Board on May 17,
2023. The BID board vote results were:
2024 BID Budget Vote: Recommendation Approved: Recommendation approved 7-0
       Member         Yes   No   Abstention   Motion/Support       Absent
Chair Mark Flermoen    X
Melanie Lyonnais       X
Ron Jenkins            X                          Motion
Louise Hopson          X                          Support
Kathy Fearnley         X
Dick Ghezzi            X
Andrea Chambers                                                       X
Allen Serio                                                           X
Jonathan Seyferth     X
   _ADDRESS         SF per assessing OWNER_NAME1                       Assessment Amount 4 cents      Class
1950 LAKESHORE DR      15060.5    1950 LAKESHORE DRIVE LLC                                   602.42   A
1983 LAKESHORE DR      13171.88   1983 LAKESHORE LLC                                       526.8752   A
1888 LAKESHORE DR                 ALDERINK SHANNA                                                 0
1742 LAKESHORE DR                 BAESSLER LAURI J                                                0
2353 LAKESHORE DR                 BILLINGSLEY COLLIN                                              0
2159 LAKESHORE DR                 BISHOP TODD/JANET                                               0
2211 LAKESHORE DR                 BISSON MARY J                                                   0
2445 LAKESHORE DR      8712.00    BLAKE TOM/EVANS BLAKE                                      348.48   A
2205 LAKESHORE DR                 BODMAN NILS/NADJI M/BUIKEMA LESLIE                              0
2155 LAKESHORE DR                 BROCK CHRISTOPHER J                                             0
1991 LAKESHORE DR      40617.80   BTBG INVESTMENTS LLC                                         1600   A
2133 LAKESHORE DR                 BURLINGAME DANIEL                                               0
2085 LAKESHORE DR                 BVF PROPERTIES LLC                                              0
1700 LAKESHORE DR      26400.00   C & C MANAGEMENT GROUP INC                                   1056   A
2182 LAKESHORE DR      37644.29   CENTRAL PAPER EMPLOYEES FCU                             1505.7716   A
2123 LAKESHORE DR                 CHRIS COLLINS RENTALS LLC                                       0
2117 LAKESHORE DR                 COLLINS CHRISTOPHER TRUST ET AL                                 0
1794 LAKESHORE DR      19694.80   CROW INVESTMENTS LLC                                         1600   A
1786 LAKESHORE DR       6210.00   CROW INVESTMENTS LLC                                        248.4   A
1756 LAKESHORE DR      19800.00   RAANS PROPERTIES LLC                                          792   A
2034 LAKESHORE DR      10767.00   DOOM TREVOR                                                215.34   B
2471 LAKESHORE DR                 DOUGLAS STEVEN M/EVE E                                          0
2437 LAKESHORE DR                 DOYLE PATRICK M                                                 0
1930 LAKESHORE DR      18144.00   FELINSKI BILL W TRUST                                      725.76   A
1878 LAKESHORE DR                 FGA LLC                                                         0
2130 LAKESHORE DR                 FONNER ADAM M                                                   0
2054 LAKESHORE DR      8600.00    FUNK EDWARD W TRUST                                           172   B
1732 LAKESHORE DR      8750.00    GARRETT LORIL                                                 350   A
2020 LAKESHORE DR      6675.23    GAWKOWSKI PROPERTIES LAKESHORE LLC                       267.0092   A
2043 LAKESHORE DR                 GHEZZI RICHARD                                                  0
2017 LAKESHORE DR      8170.80    GHEZZI RICHARD A ESTATE                                   326.832   A
1812 LAKESHORE DR      19386.00   GHEZZI RICHARD A ESTATE                                    775.44   A
1937 LAKESHORE DR      9529.00    GHEZZI RICHARD P                                           381.16   A
2055 LAKESHORE DR               GHEZZI TRAVIS R                         0
2033 LAKESHORE DR    7425.00    GHEZZI TRAVIS R                       297   A
1904 LAKESHORE DR               GOFF ROBERT SR/SHAWN L                  0
1629 LAKESHORE DR               GOULET ZACHARY T                        0
2341 LAKESHORE DR    7700.00    H2O ENTERPRISES LLC                   308   A
2349 LAKESHORE DR               HAMEL TROY S/CHRISTINE                  0
2144 LAKESHORE DR               HAMMERLE WENDI                          0
2075 LAKESHORE DR               HASSALEVRIS JASON                       0
2235 LAKESHORE DR               HENDRICKSON EDWIN L/DEBRA B             0
2257 LAKESHORE DR               HICKS ANGELA                            0
2333 LAKESHORE DR               HYSO KLAID                              0
1716 LAKESHORE DR               JOHNSON BRIAN/DEBORAH                   0
2355 LAKESHORE DR               KENDRA JOHN                             0
1883 LAKESHORE DR    7078.00    KORNDORFER PAUL R                  283.12   A
1891 LAKESHORE DR    7407.00    KORNDORFER PAUL R                  296.28   A
1830 LAKESHORE DR               KUBON NANCY ET AL                       0
1777 LAKESHORE DR               LAKESIDE VETERANS CLUB                  0
2116 LAKESHORE DR               LANGE RAYMOND A JR/LANGE SCOTT A        0
1605 LAKESHORE DR               LARSON ALEXANDRIA                       0
2465 LAKESHORE DR   16665.00    M J BLAIS LLC                       666.6   A
1637 LAKESHORE DR               MCCABE JAMES F                          0
2245 LAKESHORE DR               MCCALL WENDY                            0
1905 LAKESHORE DR               MERLONE PROPERTIES LLC                  0
2160 LAKESHORE DR               MICHAEL MORSE                           0
2565 LAKESHORE DR   39275.00    MOJI INC                             1571   A
1763 LAKESHORE DR               MUSKEGON RECREATION CLUB                0
1824 LAKESHORE DR               NYE DONALD H ESTATE                     0
1864 LAKESHORE DR   13600.00    PPJ INVESTMENTS LLC                   544   A
2463 LAKESHORE DR               PRIVACKY FRANK/SHENK LINDA J            0
2125 LAKESHORE DR               RASEY JOHN R/TAMMY                      0
1910 LAKESHORE DR               SAND DOCK PROPERTIES LLC                0
1623 LAKESHORE DR               SCHWING PAUL D                          0
2223 LAKESHORE DR               SEIFERT KURT                            0
1920 LAKESHORE DR   344124.00   SHM GREAT LAKES LLC                  1600   A
      2080 LAKESHORE DR    16920.00        SHORELINE SERVICE INC                                  676.8   A
      1724 LAKESHORE DR                    SIEDLECKI TERESA M                                         0
      1896 LAKESHORE DR                    SIMON ADAM L/JENNIFER A                                    0
      2143 LAKESHORE DR                    SLAGH DAVID A/ANDREA M                                     0
      2063 LAKESHORE DR                    STEINBACH & STEINBACH LLC                                  0
      2009 LAKESHORE DR     5321.00        STEINBACH JOHN E ET AL                                212.84   A
      1899 LAKESHORE DR                    STRYCHAR KEVIN B                                           0
     2167 LAKESHORE DR      3825.00        SWARVAR DANIEL C                                         153   A
     2173 LAKESHORE DR      4165.00        SWARVAR DANIEL C                                       166.6   A
      2187 LAKESHORE DR    10795.00        SWARVAR DANIEL C                                       431.8   A
      2124 LAKESHORE DR                    TEICHMER SCOTT R                                           0
      2447 LAKESHORE DR                    THOMAS ROBERT                                              0
      1945 LAKESHORE DR     5445.00        THORSEN SHEILA P TRUST                                 217.8   A
      1748 LAKESHORE DR                    THORSEN SHEILA TRUST                                       0
      1953 LAKESHORE DR     8170.80        TOP FLIGHT LLC                                       326.832   A
      2136 LAKESHORE DR                    VANLENTE MARSHA                                            0
      1831 LAKESHORE DR    12556.00        VERIZON INC (FRONTIER COMMUNICATIONS)                 251.12   B
      1927 LAKESHORE DR    9529.00         VF VENTURES LLC                                       381.16   A
      1845 LAKESHORE DR    19272.00        VF VENTURES LLC                                       770.88   A
      2111 LAKESHORE DR                    WASHINGTON JONATHAN/WALLACE LAPOLIA                        0
      1595 LAKESHORE DR     8976.00        WASSERMAN PROPERTY COMPANY LLC                        359.04   A
      1965 LAKESHORE DR     8167.00        WILLIAM J GIBNER LLC                                  326.68   A
      2152 LAKESHORE DR                    YOUNTS MARK A/KATHYRN L                                    0

                                                                                   $21,334.04



Square footage assessed:        833749.1
Assessment amount
             Class         Amt per s/f
               A              0.04
               B              0.02
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 22, 2023            Title: Amendment to zoning ordinance,
                                                    residential setback requirements

Submitted By: Mike Franzak                          Department: Planning Director

Brief Summary: Staff-initiated request to amend Section 404 of the zoning ordinance to modify rear
setback requirements and to create a front build-to zone in lieu of front setbacks in single-family
residential zones.




Detailed Summary & Background: The Planning Commission recommended approval of the
amendment by a 4-1 vote at their August 10 meeting.




Goal/Focus Area/Action Item Addressed: Economic Development, Housing & Business



Amount Requested: N/A                               Budgeted Item:
                                                    Yes          No          N/A

Fund(s) or Account(s): N/A                          Budget Amendment Needed:
                                                    Yes          No          N/A

Recommended Motion: To approve the request to amend Section 404 of the zoning ordinance as
presented.



Approvals:                                          Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                              Yes

Other Division Heads                                No
Communication
Legal Review
                         Planning Commission Packet Excerpt – August 10, 2023

Hearing, Case 2023-20: Staff-initiated request to amend Section 404 of the zoning ordinance to modify rear
setback requirements and to create a front build-to zone in lieu of front setbacks in single-family residential
zones.

SUMMARY

   1. Staff is proposing certain modifications to Section 404 of the zoning ordinance to allow property
      owners to better maximize the usage of their property. The following are the major amendments to the
      proposed ordinance:
              Change the minimum front setback requirements to a build-to-zone. This is the method used in
               the form based code section of the ordinance. This would allow new houses to be placed
               anywhere from 10-30 feet from the front property line. They also have the option to move the
               house outside of the build-to-zone if it will match other houses on the block.
              Reduce the rear setback requirements in R-1 and R-2 zones to match the 15-foot requirement
               of the R-3 zone. The new addition of the build-to-zone requirement in the front, along with the
               existing maximum lot coverage requirements, should result in almost all new houses to have at
               least a 30-foot rear setback anyway, since most lots in Muskegon are in excess of 100 feet long.
               However, this amendment will ease restrictions on odd-shaped lots. Those lots without much
               depth will have more opportunities to place their homes on buildable lots.
              The current ordinance states that corner lots shall be considered as having two front yards and
               must meet the minimum setback requirements for both frontages. This amendment would state
               that the secondary street is a side yard and the rear property must also abide by the side setback
               requirements. With the build-to-zone in place, along with maximum lot coverage standards, this
               should only affect small, irregular lots that have previously been spilt.

               Unique block with very small lots (see bottom right corner). Existing houses were placed
               when there were fewer zoning restrictions. Remaining lots face development challenges
               under current regulations in Section 404.
                        Proposed Ordinance (See attachments for redline version)

SECTION 404: AREA AND BULK REQUIREMENTS

                    R-1                          R-2                          R-3
 Minimum Lot        6,000 sf                     4,000 sf                     3,000 sf
 Size
 Minimum Lot        50 ft                        40 ft                        30 ft
 Width
 Maximum Lot        Buildings: 50%               Buildings: 60%               Buildings: 70%
 Coverage           Pavement: 10%                Pavement: 15%                Pavement: 20%
 Height Limit*      2 stories or 35 feet**       2 stories or 35 feet**       2 stories or 35 feet**
 Front Build-to-
 Zone***^           10-30 feet                   10-30 feet                   10-30 feet
 Rear Setback^       15 ft                        15 ft                       15 ft
 Side               1 story: 6                   1 story: 6                   1 story: 5
 Setbacks#^:        2 story: 8                   2 story: 7                   2 story: 5

* Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except as
follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of gable, hip,
and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-3).

** Homes located in an established Historic District may be up to 3 stories or 45 feet, if found to be
compatible with other homes within 600 feet.

*** New principal structures may align with existing principal structures in the immediate area even if the
front setback. falls outside the build-to-zone. The immediate area shall be considered all houses on the same
block face within 600 feet of the property.

 ^For corner lots, the front shall be considered the street that faces the front door. The other street shall
follow the side setback requirements. The rear, which is opposite of the front street, shall also follow the side
setback requirements.

#All required setbacks shall be measured from the property line to the nearest point of the determined drip
line of buildings.
                                         CITY OF MUSKEGON

                                  MUSKEGON COUNTY, MICHIGAN

                                        ORDINANCE NO._____


An ordinance to amend Section 404 of the zoning ordinance to modify rear setback requirements and to create
a front build-to zone in lieu of front setbacks in single-family residential zones.


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Section 404 is amended as proposed.

This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                   CITY OF MUSKEGON

                                                   By: _________________________________
                                                          Ann Meisch, MMC, City Clerk
                                         CERTIFICATE

The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 22nd day of August 2023, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.


DATED: ___________________, 2023.            __________________________________________
                                             Ann Meisch, MMC
                                             Clerk, City of Muskegon




Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on August 22, 2023, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 404 of the zoning ordinance.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2023.                          CITY OF MUSKEGON


                                                               By _________________________________
                                                                        Ann Meisch, MMC
                                                                        City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
SECTION 404: AREA AND BULK REQUIREMENTS

                    R-1                          R-2                         R-3
 Minimum Lot        6,000 sf                     4,000 sf                    3,000 sf
 Size
 Minimum Lot        50 ft                        40 ft                       30 ft
 Width
 Maximum Lot     Buildings: 50%                  Buildings: 60%              Buildings: 70%
 Coverage        Pavement: 10%                   Pavement: 15%               Pavement: 20%
 Height Limit*   2 stories or 35 feet**          2 stories or 35 feet**      2 stories or 35 feet**
 Front Setbacks  Expressway/Arterial             Expressway/Arterial         Expressway/Arterial
 Build-to-       Street: 30 ft                   Street: 30 ft               Street: 30 ft
 Zone***         Collector/Major Street:         Collector/Major Street:     Collector/Major
                 25 ft                           25 ft                       Street: 25 ft
                 Minor Street: 15 feet           Minor Street: 10 feet       Minor Street: 10 feet
                 10-30 feet                      10-30 feet                  10-30 feet
 Rear Setback    30 15 ft                        20 15 ft ^                  15 ft^
 Side Setbacks#: 1 story: 6                      1 story: 6                  1 story: 5
                 2 story: 8                      2 story: 7                  2 story: 5

* Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof surface where the building line abuts
the front yard, except as follows: to the deck line of mansard roofs, and the average height
between eaves and the ridge of gable, hip, and gambrel roofs (see Figure 2-2). If the ground is
not entirely level, the grade shall be determined by averaging the elevation of the ground for
each face of the building (see Figure 2-3).

** Homes located in an established Historic District may be up to 3 stories or 45 feet, if found to
be compatible with other homes within 600 feet.

*** For minimum front setbacks, nNew principal structures on minor streets may align with
existing principal structures in the immediate area even if the front setback is below the
minimum required. falls outside the build-to-zone. The immediate area shall be considered all
houses on the same block face within 600 feet of the property.

^Parcels with at least 100 ft in length must have at least a 30 ft rear setback. For corner lots, the
front shall be considered the street that faces the front door. The other street shall follow the side
setback requirements. The rear, which is opposite of the front street, shall also follow the side
setback requirements.

#All required setbacks shall be measured from the property line to the nearest point of the
determined drip line of buildings.
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: August 22, 2023             Title: FEMA Grant Award

Submitted By: Timothy Kozal                          Department: Fire Department

Brief Summary: The fire department received notification on August 11, 2023 they received a
FEMA grant to replace their aging and often out of service, breathing air compressor and fill
system.

Detailed Summary & Background: In January 2023, the Fire Department applied for a grant from
FEMA through the AFG (Assistance to Firefighters Grant) program. The equipment applied for was a
new breathing air system to fill our air cylinders. Our current breathing air compressor system was
purchased in 1997. The three quotes we received for replacement were from West Shore Fire,
Municipal Emergency Services (MES) and Breathing Air Systems (BAS).

West Shore Fire: Did not provide a shipping cost. Would not entertain a trade-in quote. $ 62,260.97
MES: A newer system on the market. There were no reviews available. Would not entertain a trade-in
quote. $ 74,789.00
BAS: Bauer is the current manufacture we have been using for 26 years. It’s has been proven to be
good unit for us. Service times are usually within 48 hours. Breathing Air Systems will take our unit in
on trade for $5k. They will remove the old system and take it with him when they deliver the new
system. $78,593.80, less the trade in of $5,000 for a total of $73,593.80.

At the time of submitting the grant, BAS quoted for a complete breathing air cascade system with
shipping and installation for $77,250.00. The quote was only valid for 30 days. After the award we
received an updated quote of $78,593.80, less the trade in of $5,000 for a total of $73,593.80.

On August 11, 2023, the fire department received notification from FEMA our grant application was
approved. The grant requires a 10% match of the requested funds.

The fire department is requesting $7,359.38 for the purchase of the $73,593.80 breathing air
compressor and cascade filling station with assistance from FEMA grant funding.

Goal/Focus Area/Action Item Addressed: 2022 – 4.2 Take advantage of external revenue sources

Amount Requested: $7,359.38                          Budgeted Item:
                                                     Yes          No           N/A

Fund(s) or Account(s): General Fund 101-336          Budget Amendment Needed:
                                                     Yes          No           N/A

Recommended Motion: To approve the funding to purchase the breathing air compressor and
cascade filling station from Breathing Air Systems.
Approvals:                Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology    Yes

Other Division Heads      No

Communication
Legal Review

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