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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
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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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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
Source Envelope:
Document Pages: 3 Signatures: 0 Envelope Originator:
Certificate Pages: 2 Initials: 0 Salesforce
AutoNav: Enabled One Market street
EnvelopeId Stamping: Enabled San Francisco, CA 94105
Time Zone: (UTC-08:00) Pacific Time (US & Canada) [email protected]
IP Address: 13.110.74.8
Record Tracking
Status: Original Holder: Salesforce Location: DocuSign
6/29/2023 10:08:56 AM [email protected]
Signer Events Signature Timestamp
In Process
Jake Eckholm Sent: 6/29/2023 10:08:57 AM
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
[email protected] Sent: 6/29/2023 10:08:58 AM
[email protected] Viewed: 6/29/2023 10:09:28 AM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/18/2023 4:50:11 AM
ID: 557410e4-3598-44c0-8663-ff611fabe699
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/29/2023 10:08:58 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 4/26/2017 12:04:58 PM
Parties agreed to: [email protected]
Acknowledgement
I agree not to challenge the validity, enforceability or admissibility of this signature process on
the grounds that it is in an electronic form. By electronically signing an agreement with
salesforce.com, I represent that I am authorized to bind the company or organization for which I
am signing.
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
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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:
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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).
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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;
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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
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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
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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.
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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
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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
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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
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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
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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)
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(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).
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(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.
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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.
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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.
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(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.
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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.
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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.
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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.
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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
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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
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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.
Page 5 of 10
DocuSign Envelope ID: 1C2D77AB-5844-473F-BC42-E533EA04ED69
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.
Page 6 of 10
DocuSign Envelope ID: 1C2D77AB-5844-473F-BC42-E533EA04ED69
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.
Page 7 of 10
DocuSign Envelope ID: 1C2D77AB-5844-473F-BC42-E533EA04ED69
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