City Commission Packet 08-23-2022

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         CITY OF MUSKEGON
          CITY COMMISSION MEETING
               AUGUST 23, 2022 @ 5:30 P.M.
     MUSKEGON CITY COMMISSION CHAMBERS
    933 TERRACE STREET, MUSKEGON, MI 49440


                                              AGENDA

□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
    A. Approval of Minutes                 City Clerk
    B.   Alive on the Lakeshore Tax Appeal Legal Representation                                Finance
    C. 1095 Third Street Purchase Agreement                           Economic Development
    D. STOP Violence Against Women Grant                              Public Safety
□    PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
    A. Amendment to the Zoning Ordinance – Minimum Housing Unit Sizes
       Planning
    B.   Planned Unit Development at 2033 & 2044 Lakeshore Drive                               Planning
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
►        Reminder: Individuals who would like to address the City Commission shall do the following:
►        Fill out a request to speak form attached to the agenda or located in the back of the room.
►        Submit the form to the City Clerk.
►        Be recognized by the Chair.
►        Step forward to the microphone.
►        State name and address.


                                                        Page 1 of 2
►      Limit of 3 minutes to address the Commission.
►      (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.




                                                       Page 2 of 2
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: August 23, 2022            Title: Approval of Minutes

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

Brief Summary: To approve the minutes of the July 26, 2022 Regular Meeting.



Detailed Summary: N/A




Amount Requested: N/A                             Amount Budgeted: N/A

Fund(s) or Account(s): N/A                        Fund(s) or Account(s): N/A

Recommended Motion: To approve the minutes.




For City Clerk Use Only:


Commission Action:
       CITY OF MUSKEGON
        CITY COMMISSION MEETING
              JULY 26, 2022 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440


                                  MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 26, 2022,
Vice Mayor, Willie German, Jr., opened the meeting with prayer, after which the
Commission and public recited the Pledge of Allegiance to the Flag.
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners,
Teresa Emory, Rachel Gorman, Rebecca St.Clair, and Michael Ramsey, Interim
City Manager LeighAnn Mikesell, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent:      Commissioner Eric Hood
PUBLIC COMMENT ON AGENDA ITEMS:               Public comments received.
2022-70      CONSENT AGENDA:
  A. Approval of Minutes        City Clerk
SUMMARY OF REQUEST: To approve the minutes of the June 15, 2022 Special
Meeting and the June 28, 2022 Regular Meeting.
STAFF RECOMMENDATION:           To approve the minutes.
  B.   2022 Justice Assistance Grant (JAG) Public Safety
SUMMARY OF REQUEST: Public Safety is seeking approval to enter into an MOU
(Memorandum of Understanding) with the County of Muskegon and Muskegon
Heights and to apply for the allocated 2022 JAG (Justice Assistance Grant)
grant funds.
Public Safety is seeking approval to enter into an MOU with the County of
Muskegon and Muskegon Heights and to apply for the allocated 2022 Edward
Byrne Memorial Justice Assistance Grant (JAG) program funds. This year’s local
JAG allocations to disparate jurisdictions in our county totals $41,661. The City of
Muskegon will continue to act as the fiduciary and receive $22,790, the City of
Muskegon Heights would be a subawardee and receive $18,871 and the
County of Muskegon would not receive funding. The County will be reviewing
the agreement for approval at their July meeting. There is no match
requirement for this grant. Similar to past years, the City of Muskegon’s portion of

                                          Page 1 of 7
this grant will be used for the prosecution of city ordinance cases dealing
primarily with neighborhood issues.
STAFF RECOMMENDATION:            To approve the 2022 JAG Program Award
Memorandum of Understanding (MOU), authorize the Mayor to sign, and
authorize staff to apply for the 2022 JAG grant funds.
  C. Uncollectible Accounts Finance
SUMMARY OF REQUEST: Write off CMI- Site Assessment $22,195.21 and
Hendrickson Brownfield load $18,554.93 as bad debt. The Hendrickson
Brownfield is from March of 2017 and the CMI Assessment is from 2004.
STAFF RECOMMENDATION:         Write off CMI-Site Assessment $22,195.21 and
Hendrickson Brownfield loan $18,554.93 as bad debt.
  D. Certification of MERS Representatives Finance
SUMMARY OF REQUEST: Assigning Delegates for MERS Conference.
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
Michael Hewartson from the Fire Unit.
STAFF RECOMMENDATION:        To approve Hayden Nickell (Finance
Management Assistant) as designated delegate to MERS Conference and to
make Michael Hewartson employee representative.
  E.   Haunted Fields Cannabis Event         DPW
SUMMARY OF REQUEST: 420 Harvey Events LLC would like to hast a small
cannabis event on their property located at 420 Harvey Street on Friday,
October 28, 2022.
This will be a Halloween themed cannabis event on private property located in
the marihuana overlay district. They expect to host 200 guests from 7-11 pm.
STAFF RECOMMENDATION:         To approve the cannabis event to be held at 420
Harvey Street on October 28, 2022.
  H. Sherman Boulevard Scrap Tire Grant DPW/Engineering
SUMMARY OF REQUEST: Staff is requesting permission to approve two contracts.
The City was awarded a market development grant to use scrap tires in the


                                         Page 2 of 7
concrete on the reconstruction of Sherman. One contract is with EGLE, to
receive and administer the grant funds. The other contract is with Michigan
Technological University (MTU). MTU has agreed to do all of the research and
development for the project, including on site testing and lab analysis. Legal
counsel is still reviewing the contracts for legal conformity.
STAFF RECOMMENDATION:        To authorize staff to approve contracts with EGLE
and MTU, pending legal review.
  I.   Concession Agreement – Baby Suga’s              DPW
SUMMARY OF REQUEST: Staff is seeking permission to enter into a contractual
agreement with Joseph Lopez of “Baby Suga’s Cheesesteak Shack” at various
locations including Pere Marquette Park for 2022. Fees to the City of $1,000 plus
5% of Gross Receipts are proposed in accordance with the policy being
adopted.
Mr. Lopez’s proposal states: “My name is Joseph Lopez, owner/operator of Baby
Suga’s Cheesesteak Shack, we are a fairly new, local food tent building a truck
to serve out of. We would ask for consideration to sell our products in the parks
of Muskegon!” and offers cheesesteak sandwiches and other handheld items.
Mr. Lopez plans to locate the concession daily depending on weather and
traffic in an attempt to maximize sales. Staff will work with Mr. Lopez to ensure
specific locations are safe and accessible.
STAFF RECOMMENDATION:         To authorize staff to enter into a Concession
Agreement with Joseph Lopez of “Baby Suga’s Cheesesteak Shack” at various
locations including Pere Marquette park for 2022.
  L.    Amendment to the Zoning Ordinance - Critical Dunes     Planning
       2nd READING
SUMMARY OF REQUEST: Staff initiated request to revoke Section 12310 (Critical
Dunes) of the zoning ordinance.
The Planning Commission unanimously recommended in favor of revoking the
ordinance.
STAFF RECOMMENDATION:          To approve the request to revoke Section 2310 of
the zoning ordinance.
Motion by Vice Mayor German, second by Commissioner Ramsey, to accept
the consent agenda as presented, minus items F, G, J and K.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Ramsey, German, and Gorman
             Nays: None
MOTION PASSES




                                         Page 3 of 7
2022-71      REMOVED FROM CONSENT AGENDA:
  F.   MDNR Conversion Assistance RFQ         DPW/Parks
SUMMARY OF REQUEST: DPW is requesting permission to solicit proposals from
interested firms to provide the city assistance in working through the MDNR
(Michigan Department of Natural Resources) conversion process.
The Adelaide Pointe and Hartshorn Village projects are going to impact MDNR
encumbered properties in the form of Hartshorn Marina and the Lakeshore Trail.
As those development projects progress into future stages the city will need to
work with MDNR and the National Park Service (NPS) to ensure that the impacts
to the encumbered properties are properly mitigated.
MDNR allows for multiple conversions to be resolved concurrently, as such, we
are also including assistance for other potential conversions in this proposal so
those can all be resolved.
MDNR manages this process on the state level and terms this as a “conversion”
wherein an area that is encumbered for public outdoor recreation is converted
into another use. The encumbered area that is converted into a space that is
not for public outdoor recreation must be replaced by an equal or greater
value area that is dedicated for public outdoor recreation.
No one on city staff has experience working through the multi-stop process so
we are requesting to solicit proposals from interested firms to provide us
technical assistance and experience in navigating the complex process. A draft
of the RFG along with the proposed attachments have been provided for
review.
A few things of note:
   •   A budget will need to be established for the conversion assistance as it
       was not included in the original 22/23 budget proposal. Significant staff
       time is also anticipated to be required for the effort.
   •   Entering into a conversion process will functionally eliminate the City from
       consideration for most MDNR grants until such time that the conversion is
       satisfactorily resolved. Being involved in an active conversion carries an
       automatic 50-point deduction (400-point scale) on any grant applications
       until it is resolved.
   •   The conversion process is expected to take less than one year to
       complete as some of the impacted properties are encumbered through
       the NPS (National Park Service) and require federal concurrence.
At this time staff is only asking for permission to solicit proposals with the
expectation that the proposal will require future approval and consideration by
this commission. As such, there is zero cost implication at this time, however the
future consideration will require a cost allocation.

                                          Page 4 of 7
STAFF RECOMMENDATION:           To authorize staff to solicit proposals for
professional assistance in the MDNR conversion process.
Motion by Commissioner St.Clair, second by Commissioner Ramsey, to authorize
staff to solicit proposals for professional assistance in the MDNR conversion
process.
ROLL VOTE: Ayes: St.Clair, Johnson, Ramsey, German, Gorman, and Emory
             Nays: None
MOTION PASSES
  G. Parks Concession Policy           DPW/Parks
SUMMARY OF REQUEST: DPW is requesting approval of the enclosed policy to
guide the application and approval of concession operations within the city
park system.
The policy was previously discussed at the July 11, 2022 Worksession meeting
and includes a number of edits to that original document per those discussions
and as follows:
   •   Various formatting and grammatical errors
   •   Revised approval path to require Commission approval of all applications
   •   Revised brick and mortar to allow one renewal term before reverting to
       RFP process
   •   Added 5% gross receipts requirement to concessions operating outside of
       westside parks
   •   Added earmark for revenue to General Fund for park purposes
STAFF RECOMMENDATION:            To approve the Park Concession Policy.
Motion by Commissioner Ramsey, second by Commissioner St.Clair, to approve
the Park Concession Policy.
ROLL VOTE: Ayes: St.Clair, Johnson, Ramsey, German, Gorman, and Emory
             Nays: None
MOTION PASSES
  J.   Beachwood Park Fitness Equipment DPW
SUMMARY OF REQUEST: Staff is seeking approval to contract with Sinclair
Recreation for anew fitness structure in Beachwood Park using funds donated by
the Beachwood-Bluffton Neighborhood Association.
Members of the Beachwood-Bluffton Neighborhood Association (BBNA), with
the support of City staff, engaged in a fundraising campaign, including a dollar-
for-dollar matching Patronicity grant through the Michigan Economic


                                           Page 5 of 7
Development Corporation (MEDC), securing funds to purchase a Thrive 450
fitness structure from Sinclair Recreation in the amount of $34,017.07 as detailed
on the attached documents. The Public Works Department has worked with the
group to identify a location in Beachwood Park for the equipment and has
committed to various minor tasks to help with installation.
The BBNA has worked with Sinclair Recreation, DPW, and other partners to
develop a “fitness trail” concept that will eventually include this structure, a
similar structure at the other end of the path leading north from Beachwood
Park, and additional fitness “stations” along the route. Users will be able to
perform exercises at each structure and station while running or walking along
the trail. This structure is Phase 1 of the overall plan.
Due to the City’s competitive bidding arrangement with Sinclair Recreation and
our tax-exempt status, the BBNA requested that the City purchase the Thrive 450
equipment with full reimbursement from the fundraising campaign. The
campaign dollars are housed at the City, so a simple fund transfer is all that is
required.
AMOUNT REQUESTED:        $34,017.07          AMOUNT BUDGETED: N/A
FUND OR ACCOUNT:         Donations
STAFF RECOMMENDATION:            To authorize staff to contract with Sinclair
Recreation in the amount of $34,017.07 using donated funds for the purchase of
a Thrive 450 structure from Sinclair Recreation, including installation in
Beachwood Park.
Motion by Commissioner Gorman, second by Commissioner Emory, to authorize
staff to contract with Sinclair Recreation in the amount of $34,017.07 using
donated funds for the purchase of a Thrive 450 structure from Sinclair Recreation,
including installation in Beachwood Park.
ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, and Johnson
            Nays: None
MOTION PASSES
  K. LAF Grant     City Clerk
SUMMARY OF REQUEST: The City of Muskegon is in the process of pursuing a
mini-grant from the Michigan Arts and Cultural Council int eh amount of $2,000
to support the 2023 Lakeshore Art Festival. Grant funds will support artists’ fees
(performers and artists), art supplies for the interactive art activities, and
marketing efforts to attract a diverse audience. Per the grant requirements, the
fund will be matched 1:1 from the Festival budget.
STAFF RECOMMENDATION:           To approve the submission of the grant
application to MCACA.


                                         Page 6 of 7
Motion by Commissioner Ramsey, second by Commissioner Gorman, to
approve the submission of the grant application to MCACA.
ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, and Johnson
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS:
Interim City Manager, LeighAnn Mikesell provided an update on the recruitment
of a new Public Safety Director, a meet & greet event open to the public will be
held Thursday, July 28, 2022 at 5:30 p.m.
City Clerk, Ann Meisch, provided an update on the August 2, 2022 Primary and
the Clerk’s efforts to increase visibility and accessibility.
Andy Rush, Interim Public Safety Director, provided an update on the recent
drowning at Pere Marquette Park and the efforts to provide information to
beach goers regarding the conditions as well as the use of signal devices.
PUBLIC COMMENT ON NON-AGENDA ITEMS:                   Public comments received.
ADJOURNMENT: The City Commission meeting adjourned at 6:12 p.m.


                                            Respectfully Submitted,




                                            Ann Marie Meisch, MMC - City Clerk




                                        Page 7 of 7
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 23, 2022                               Title: Alive on the Lakeshore
                                                                       Tax Appeal Legal
                                                                       Representation

Submitted By: Kenneth D. Grant                                         Department: Finance

Brief Summary: The City of Muskegon is seeking to reach an agreement with Foster Swift for a
Tax Appeal regarding Alive on the Lakeshore

Detailed Summary & Background:
Parmenter Law which normally represents the City of Muskegon has a conflict of interest because
they also represent Alive on the Lakeshore. Therefore, the City of Muskegon seeking another Firm
(Foster Swift) to represent the City for the Tax Appeal.
As part of this engagement, the City of Muskegon understands that the Firm also represents
Muskegon County. If a circumstance arises in the future that presents a conflict of interest based on
the Firm’s representation of the City in this matter and its representation of the County in other matters,
the City agrees to waive any such conflict of interest so that the Firm is not precluded from
representing the County in any matters.


Goal/Focus Area/Action Item Addressed:

Amount Requested: $230/hour                           Amount Budgeted:

Fund(s) or Account(s): 101                            Fund(s) or Account(s):

Recommended Motion: Authorize the Finance Director to enter into an agreement with the Foster
Swift for the Tax Appeal against Alive on the Lakeshore.

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

For City Clerk Use Only:
Commission Action:
Lansing                                                               Southfield                                                                    Grand Rapids
313 S. Washington Square                                              28411 Northwestern Highway – Suite 500                                        1700 E. Beltline NE – Suite 200
Lansing MI 48933                                                      Southfield MI 48034                                                           Grand Rapids MI 49525

Detroit                                                               Holland                                                                       St. Joseph
333 W. Fort Street – Suite 1400                                       151 Central Avenue – Suite 260                                                800 Ship Street – Suite 105
Detroit MI 48226                                                      Holland MI 49423                                                              St. Joseph MI 49085

Walter S. Foster                  Brian G. Goodenough         Benjamin J. Price                 Anna K. Gibson        Mark T. Koerner                  Emily R. Wisniewski
   1878-1961                      Matt G. Hrebec              Michael R. Blum                   Patricia J. Scott     Warren H. Krueger, III           Amanda J. Dernovshek
Richard B. Foster                 Deanna Swisher              Jonathan J. David                 Nicholas M. Oertel    Sarah J. Gabis                   Brandon M. H. Schumacher
   1908-1996                      Thomas R. Meagher           Andrew C. Vredenburg              Alicia W. Birach      Amanda Afton Martin              Alexander J. Thibodeau
 Theodore W. Swift                Douglas A. Mielock          Julie I. Fershtman                Adam A. Fadly         Steven J. Tjapkes                Cody A. Mott
   1928-2000                      Scott A. Chernich           Todd W. Hoppe                     Michael J. Liddane    Jacquelyn A. Dupler              Alaina M. Nelson
John L. Collins                   Paul J. Millenbach          Jennifer B. Van Regenmorter       Ryan E. Lamb          Daniel S. Zick                   Caroline N. Renner
   1926-2001                      Dirk H. Beckwith            Thomas R. TerMaat                 Clifford L. Hammond   Scott R. Forbush                 Joseph B. Gale
                                  Brian J. Renaud             Frederick D. Dilley               Matthew S. Fedor      Taylor A. Gast                   Sydney T. Steele
Webb A. Smith                     Lynwood P. VandenBosch      David R. Russell                  Andrea Badalucco      Rachel G. Olney                  Kathrine A. Ruttkofsky
Scott A. Storey                   Lawrence Korolewicz         Joel C. Farrar                    Stefania Gismondi     Tyler J. Olney                   Anthony M. Dalimonte
Charles A. Janssen                James B. Doezema            Laura J. Genovich                 Leslie A. Abdoo       Mark J. DeLuca                   Jim W. Scales
Charles E. Barbieri               Anne M. Seurynck            Karl W. Butterer, Jr.             Julie L. Hamlet       Thomas K. Dillon                 Benjamin C. Dilley
Scott L. Mandel                   Michael D. Homier           Mindi M. Johnson                  Michael C. Zahrt      Robert A. Hamor
Michael D. Sanders                Scott H. Hogan              Ray H. Littleton, II              Gilbert M. Frimet     Michael A. Cassar
Brent A. Titus                    Richard C. Kraus            Jack L. Van Coevering             Stephen W. Smith      Hilary J. McDaniel Stafford

Writer's Direct Phone: 616.726.2238                    Fax: 616.726.6813           Reply To: Grand Rapids                           Email: [email protected]


July 22, 2022
                                                                                                                                             Via E-Mail

Ken Grant - Director of Finance
CITY OF MUSKEGON
993 Terrace Street
Muskegon, MI 49440
[email protected]

Re:           Engagement Agreement – Alive on the Lakeshore Tax Appeal, MTT Docket No. 22-001078

Dear Ken:

Foster Swift (the “Firm”) is pleased that the City of Muskegon (the “City”) wishes to engage the Firm to represent
it in the above-referenced legal matter. It is customary in the legal profession to initiate a relationship between an
attorney and a client through an engagement letter. This engagement letter will serve as an agreement about the
nature and scope of our relationship with the City. This signed letter acknowledges the City’s understanding of
the details of our representation.

As part of this engagement, the City of Muskegon understands that the Firm also represents Muskegon County. If
a circumstance arises in the future that presents a conflict of interest based on the Firm’s representation of the City
in this matter and its representation of the County in other matters, the City agrees to waive any such conflict of
interest so that the Firm is not precluded from representing the County in any matters.

Our services will be billed to the City on the basis of hourly rates for the time incurred. The hourly rate for the
City’s legal work regarding the Alive on the Lakeshore Tax Appeal is $230/hour. This hourly rate will remain in
effect until December 31, 2023, after which the Firm may adjust its rate annually, but not by more than 5% unless
otherwise agreed to by the City and the Firm. No retainer is required. Time is charged based upon tenths of an
hour (six minutes). There are no base minimum charges for activities such as phone calls or e-mails.

Foster Swift does not charge clients separate fees for secretarial or word processing costs, overtime, or other basic
overhead costs. Out-of-pocket expenses (such as postage and court filing fees) are charged at the rates set by the
entity providing the service. The costs and attorney fees will be billed monthly. Our invoices will be sent by e-
mail, unless you direct us to send them in some other fashion. If an invoice is not timely paid, a late charge
Ken Grant – Director of Finance
July 22, 2022
Page 2



may be added to any portion not paid within thirty (30) days. The late charge will be computed at the rate of
.58% per month (7% annual) starting thirty (30) days after the date of the invoice.

Based on the information you have provided, the Firm believes that its representation of the City complies with
the Michigan Rules of Professional Conduct. However, if we determine that a conflict of interest arises during
this engagement, the Firm may take appropriate steps to remedy the conflict, including withdrawal.

Our responsibility in representing the City is, of course, to do so in a manner that is consistent with the customary
professional practices and requirements for handling its legal matters. In turn, we will need the City’s full and
timely cooperation. This will likely include providing us with various materials relating to the matters for which
the City is utilizing our services.

The Firm will pursue the City’s legal matters conscientiously and without delay, but with regard for the Firm’s
workload and the nature of the legal system. The Firm will keep you reasonably informed about the status of this
matter and welcomes requests for information.

We intend to establish a mutually rewarding and enduring relationship with the City as its legal counsel.
Nevertheless, the City is free to terminate our services at any time by written notice to us to that effect. We may
also terminate our services to the City by written notice to you to that effect, if we determine that the City
unreasonably fails to cooperate with us, if our monthly statements are not paid in a timely manner, or if we
determine that our continued representation of the City would violate the rules of professional responsibility
applicable to lawyers or would otherwise be impractical.

If the City terminates our representation, the Firm will return any original materials in the Firm’s files that belong
to the City. The Firm will dispose of its files (including the Firm’s work product) related to the City’s matters as
it sees fit.

This engagement letter is intended to govern all of the legal services that we may render to the City unless and
until the Firm and the City mutually agrees in writing to a different arrangement with respect to providing our
legal services to the City.

Should you have any questions, please do not hesitate to call us. If you agree with the above, please execute this
engagement letter at the bottom. Your return of the letter is the first step in our representation of the City’s
interests. We look forward to serving you and the City.


Very truly yours,

FOSTER SWIFT COLLINS & SMITH PC

/s/ Laura J. Genovich

Laura J. Genovich
Ken Grant – Director of Finance
July 22, 2022
Page 3



AGREED:


_____________________________________________
(Sign Name)

By:
         (Print Name)

Its:     _______________________________________


Dated:



E-MAIL ADDRESS FOR INVOICES:


_____________________________________________
                                    Additional Terms of Engagement

Scope of Engagement:

Our engagement is on behalf of the parties expressly named in our agreement. As way of example, our
representation of an entity does not include a representation of the interests of the individuals that are
directors, shareholders, or officers of that entity.

Cooperation:

You agree to fully, accurately, and truthfully disclose to us all facts that may be relevant to the matter or
that we may otherwise request to keep us apprised of developments relating to the matter. You agree to
cooperate fully with us in all matters related to the preparation and presentation of your claims. We will
be relying on the completeness and accuracy of the information you provide when we perform our
services.

No Promise or Guarantee of Results:

You agree that we have made no promises or guarantees regarding the outcome of your case. Either at
the beginning or during the course of our representation, we may express our opinions or beliefs
concerning the matter or various courses of action and the results that might be anticipated. Any such
statement made by any attorney, employee, or agent of our firm is intended to be an expression of
opinion only, based on information available to us at the time, and must not be construed by you as a
promise or guarantee of any particular result. In addition, the advice and communications we render on
your behalf are not intended to be disseminated to or relied on by any other parties without our prior
written consent.

Consultations with Internal and Outside Counsel to the Firm:

We represent a large number of clients on a wide variety of complex matters. In the course of our
representation, we may consult with the firm’s internal counsel with expertise in legal ethics issues and
in the past have considered such consultations to be attorney-client privileged. Recent court rulings
have indicated that in some circumstances such consultations may not be deemed privileged. Our firm
believes that expert advice and analysis regarding legal ethics issues would positively benefit our clients.

You agree that if we determine during the course of the representation that it is either necessary or
appropriate to consult with our firm’s internal counsel or outside counsel to the firm, we have your
consent to do so and that our representation of you shall not, thereby, waive any attorney-client
privilege.
E-mail Policy:

Our firm’s attorneys, employees, and agents may utilize e-mail for communications in this matter unless
you notify us, in writing, not to use this means of communication. Unless you request in writing that we
encrypt out-going e-mail and we have agreed in writing to reasonable and mutually acceptable
protocols, documents sent to you by e-mail will not be encrypted.

Our firm expends reasonable efforts to exclude any virus or other defect that might affect any computer
or IT system from our e-mails and electronic documents. We do not accept liability for any loss or
damage resulting from the use of commercial software, or the receipt or use of electronic
communications from us containing a virus or defect that was not created by us.

Circular 230 Notices:

Congress has passed legislation imposing reporting requirements and penalties, which the IRS has
implemented by amending Circular 230 and setting forth various rules about written tax advice. As a
result, you may notice that we will often have a Circular 230 statement on written communications
about reliance on what you receive.

Attorney’s Lien:

All payments by way of recovery, award, judgment, or settlement to you from third parties shall be
made jointly payable to you and us. If you obtain a monetary judgment or award, we shall have a lien
on the proceeds to the extent of any of our unpaid fees, disbursements, or other charges.

Relationship Term:

When we have completed the specific professional legal services agreed to in this engagement, our
attorney-client relationship shall end, regardless of the date you are billed or pay for our services.

Any agreement to provide non-professional services (facilities use, file storage, copies of old client files)
does not revive the attorney-client relationship. The newsletters, e-mails, or other publications that we
may occasionally send to you containing general updates on areas of the law of interest to you do not
revive an attorney-client relationship.

Future Representation:

If our attorney-client relationship has ended, we have no obligation to represent you in connection with
related matters unless we have agreed to do so in writing in our engagement agreement. Regardless of
whether we are representing you in other matters, we have no duty to accept new engagements from you
unless mutually agreed.
6472395-1
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: August 23, 2022                  Title: 1095 Third Street Purchase
                                                          Agreement

Submitted By: Jake Eckholm                                Department: Economic Development

Brief Summary:
Staff have been working on acquisition terms for the 1095 Third Street site, and have worked with
legal counsel to prepare the attached purchase and sale agreement.

Detailed Summary & Background:
We have had a positive working experience with Shaun Burket and Suburban Property. We are at
a point where we have agreed on development components, timeline, and incentive vehicle
(Brownfield TIF). The document before you tonight represents the terms of sale for the parcel and
building. The developer proposes a $100,000 payment at time of closing, with a $10,000
refundable deposit during the due diligence period. During the 90-day due diligence period both
parties mutually commit to finalizing a specific development agreement, which will lay out potential
consequences to breach of timeline for the development.



Goal/Focus Area/Action Item Addressed:
Goal 1 (Image) Housing Focus Area, Goal 2 (Quality of Life) Housing Focus Area, Action Item 21-8
Expand Housing Options, and Goal 3 (Revitalize Revenues) Housing Focus Area, Action Item 21-
13 Increase Property Values in Urban Core and Eastside Neighborhoods

Amount Requested: N/A ($100,000 gain)                Amount Budgeted: N/A

Fund(s) or Account(s): 404                           Fund(s) or Account(s): 404

Recommended Motion:
Motion to approve the Purchase and Sale Agreement as presented and authorize the Mayor and
Clerk to sign.

Approvals:                                                            Guest(s) Invited / Presenting:
Immediate Division Head          Information Technology               Yes
Other Division Heads             Communication                        No


Legal Review
For City Clerk Use Only:
Commission Action:
                               PURCHASE AND SALE AGREEMENT


        This Purchase and Sale Agreement (this “Agreement”) is effective August 23rd, 2022 (“Effective
Date”) between Suburban Property, LLC, a Michigan limited liability company, with principal offices
at 9500 Cascade Road, Ada, MI 49301 (“Buyer”) and the City of Muskegon, a municipal corporation,
with principal offices at 933 Terrace Street, Muskegon, MI 49440 (“Seller”), with reference to the
following facts:

                                               Background

         A. Seller owns the real estate located at 1095 Third Street, Muskegon, MI 49441 and the vacant
lot located at 301 W. Muskegon Ave., Muskegon, MI 49441, as depicted on the Site Plan attached as
Exhibit A to this Agreement and legally described on Exhibit B attached to this Agreement (the
“Premises”).

         B. Buyer has agreed to purchase, and Seller has agreed to sell the Premises to Buyer according
to the terms and conditions of this Agreement.

        It is agreed as follows:

        1. Agreement to Sell and Purchase the Premises. Seller shall sell and Buyer shall purchase
the Premises on the terms and conditions set forth in this Agreement together with all beneficial
easements, all improvements, fixtures, division rights, hereditaments and appurtenances associated with
the Premises.

         2. Purchase Price; Deposit and Manner of Payment. The purchase price for the Premises is
One Hundred Thousand and 00/100 Dollars ($100,000). Contemporaneously, with the execution of the
Agreement, Buyer will deposit the sum of Ten Thousand and 00/100 Dollars ($10,000) (the “Deposit”)
with Title Company (as defined below). At closing, and upon execution and delivery of a warranty deed
and all other documents of transfer, Buyer will pay the purchase price to the Seller by Title Company
check or wire transfer. If the purchase and sale contemplated by this Agreement is closed, the Deposit
shall be a credit against the purchase paid by Buyer. If Buyer terminates this Agreement pursuant to any
termination right granted by this Agreement, the Deposit shall be promptly returned to Buyer.

        3. Intentionally Omitted.

          4. Title Insurance. Seller shall, at Seller’s expense, order a commitment for owner's policy of
title insurance issued by Transnation Title Agency (the “Title Company”) in the standard ALTA form,
without the standard printed exceptions, in the amount of the purchase price that shows that Seller has
good and marketable title to the Premises. Buyer represents and warrants that the Title Company is
independent and neither related nor affiliated with Buyer or Buyer’s attorneys.

         5. Objections to Condition of Title. Buyer may raise objections to the exceptions,
requirements or encumbrances shown on the commitment at any time prior to expiration of the Inspection
Period (as defined below) by delivering written notice to Seller. If Buyer raises a title objection, Seller
shall have the option of affecting a remedy within thirty (30) days after receipt of the Buyer’s notice. If
Seller does not affect a remedy satisfactory to Buyer, Buyer may elect to close subject to such exception
or encumbrance or, if Buyer elects not to close, Seller or Buyer may terminate this Agreement by written
notice to the other party to this Agreement.
         6. Proration of Property Taxes and Rents. Real estate taxes and assessments, if any, that first
became or will become due and payable during the calendar year of the Date of Closing (as defined
below) shall be pro-rated on a calendar year basis. All real estate and personal property taxes with respect
to the Premises that first become due and payable on or before the Date of Closing, or which are assessed
retroactively for the period of time prior to the Date of Closing, shall be paid by Seller.

         7. Assessments. Seller shall pay any existing special assessments that are due and payable, or a
lien or both, on the Premises at or prior to Date of Closing.

         8. Survey. Buyer may obtain a survey of the Premises, and Buyer or Buyer’s surveyor or other
agents may enter the Premises for that purpose prior to Date of Closing. In the event that a survey by a
registered land surveyor made prior to Date of Closing discloses an encroachment or substantial variation
from the presumed land boundaries or area, Seller shall have the option of affecting a remedy within 30
days after disclosure. If Seller does not affect a remedy satisfactory to Buyer, Buyer may elect to close
subject to such encroachment or variation or, if Buyer elects not to close, Seller or Buyer may terminate
this Agreement.

         9. Representations and Warranties. The execution and delivery by Seller of the warranty
deed shall constitute confirmation by Seller that the following representations and warranties are true and
correct as of the Date of Closing, as though made on and as of such time.

    Seller represents and warrants to Buyer as follows:

               a. Authority. Seller has full authority to enter into and perform this Agreement in
        accordance with its conditions, without breaching or defaulting on any obligation or
        commitments that Seller has to municipalities, lenders or any third party.

                 b. Other Agreements. Seller is not a party to any agreement or otherwise bound under
        any obligation with any other party who has any interest in the Premises or the right to purchase
        or lease the Premises.

                c. Entire Interest. Seller's entire interest in the Premises will be transferred to Buyer
        on the Date of Closing, free and clear of all liens, encumbrances, charges, and adverse claims,
        contractual or otherwise, including any and all mineral, surface and division rights.

                 d. Litigation. There are no suits, actions, or proceedings pending or, to the best of
        Seller's knowledge, threatened, by any party, including governmental authorities or agencies,
        against or involving the Premises, or to which Seller is or may become a party in connection with
        the Premises.

                e. No Violations or Obligations. Except as disclosed in writing to, and accepted by
        Buyer, there are, and shall be, no uncured violations or unsatisfied obligations with any
        governmental authority, including, without limitation, environmental violations, of any laws,
        ordinances, orders, regulations, rules, or requirements of any governmental authority, affecting
        the Premises or any part thereof.

               f. Accuracy. All statements and information relating to the Premises provided to
        Buyer are true and accurate to best of Sellers knowledge.

                g. Brownfield Tax Increment Financing. Seller agrees to work with Buyer to submit
        to the City of Muskegon Brownfield Redevelopment Authority an Amendment to the current
        Brownfield Plan to be detailed in the Development Agreement, as later defined. Seller agrees to
        work with Buyer to explore other available incentive programs that may be applicable to the
        Premises and in support of the Project.

                h. No Warranty of Premises. Buyer will have an opportunity to inspect all aspects of
        the Premises, including its financial and physical condition and its legal status. Except as
        otherwise provided in this Agreement, Seller makes no warranty or representation regarding the
        Premises and Buyer waives all implied warranties. Except as otherwise provided in this
        Agreement, Buyer is relying solely on its own expertise and Buyer’s inspections and
        investigations made by Buyer pursuant to this Agreement. Except as otherwise provided in this
        Agreement, Buyer is acquiring the Premises in its “AS IS” condition, without any warranties or
        representations, express or implied, concerning the Premises from Seller. Seller shall hold
        Buyer harmless, indemnify, and at Buyer's option, defend Buyer, from and against any
        loss, including, without limitation, reasonable attorney fees, incurred by reason of Seller's
        breach of any of the foregoing representations and warranties.

        10. Inspection Period.

                 a. Due Diligence Investigation. Upon Seller’s execution of this Agreement, Buyer and
        Buyer’s agents, employees, contractors, and consultants may, prior to the Date of Closing,
        conduct such inspections, investigations, appraisals, tests, feasibility studies, and determinations
        of the Premises as Buyer, in its sole discretion, shall desire in order to determine that the
        condition of the Premises is acceptable and that the Premises is suitable for Buyer's intended uses
        (“Due Diligence Investigation”). The Due Diligence Investigation shall include, but shall not be
        limited to, inquiring as to the existence and/or adequacy of electrical, plumbing, sewer, water and
        other utility services, public services and access; physical condition of improvements, insuring as
        to applicable zoning ordinances, use regulations and business codes; conducting soil tests of the
        Premises, borings and other engineering and architectural tests; evaluation of the environmental
        conditions which exist at the Premises (including, if desired by Buyer, a Phase I and Phase II
        environmental site assessment and a baseline environmental assessment) and Seller's compliance
        with all applicable state and federal environmental laws and regulations. Buyer shall pay the cost
        of the Due Diligence Investigation. The Due Diligence Investigation shall begin on the Effective
        Date and shall continue for a period of ninety (90) days (“Inspection Period”). Buyer shall
        indemnify Seller and hold buyer harmless from any loss, damage, costs, and expenses (including
        reasonable attorney fees) caused by Buyer’s Due Diligence Investigation.

                 b. Copy to Buyer. Within seven (7) days after the Effective Date, Seller shall provide
        Buyer with a copy of any survey, title policy or commitment, and any results, data, or reports of
        the environmental condition of the Premises in Seller’s possession or control. Seller
        acknowledges that during the Inspection Period or at any time consistent with regulations before
        or after Date of Closing, Buyer may make a petition to the Michigan Department of Environment,
        Great Lakes and Energy (“EGLE”) for a baseline environmental assessment (“BEA”) adequacy
        determination, or at the option of Buyer, may disclose the results of the BEA to the DEQEGLE
        without such a petition.

         11. Right to Terminate. At any time during the Inspection Period, Buyer may, in its sole
discretion, terminate this Agreement by delivering written notice to Seller, and this Agreement shall
thereafter be of no further force or effect.

        12. Improvements. Following closing, Buyer shall construct the Improvements in accordance
with the description of the project on the Proposed Development Vision and Program set forth on
Exhibit C attached to this Agreement (“Project”). The Buyer has proposed a development plan in the
following phases:
        Phase 1: Construct 8 to 12, 2-story townhouses on the 1095 Third Street parcel. Project to
        commence on or about March 1, 2023, and be substantially completed by approximately March 1,
        2024.

        Phase 2: Reuse the existing 2-story structure at 1095 Third Street and adapt into residential
        apartment building, creating approximately 47 apartment units. Project to commence on or about
        April 1, 2024 and be substantially completed by approximately April 1, 2025.

        Phase 3: Construction of 3-story or 4-story mixed use building on the parcel at 301 W. Muskegon
        Ave. Project to commence on or about May 1, 2025 and be substantially complete by
        approximately May 1, 2026.

        During the Inspection Period, the parties shall enter into a Development Agreement which will
        designate the rights and remedies of the parties with regards to the Project. In the event the parties
        are unable to agree on the terms of the Development Agreement (“Development Agreement”),
        either party, at its option, may terminate this Agreement.

         13. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has
dealt with any real estate agents, brokers, or salespersons regarding this sale, and that no agent, broker,
salesperson, or other party is entitled to a real estate commission upon the closing of this sale. Buyer and
Seller both agree to indemnify and hold the other harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission
arising from actions taken by the other party.

        14. Closing.

                a. Date of Closing. Unless the parties otherwise mutually agree, the closing shall be
        held within thirty (30) days from the expiration of the Inspection Period (“Date of Closing”). The
        closing shall be held at the offices of the Title Company. At closing, Seller shall deliver, or cause
        to be delivered to Buyer, actual physical possession of the Premises, free of all tenants or other
        occupants.

                b. Costs. The costs associated with this Agreement shall be paid as follows:

                        i.      Seller shall pay all state and county transfer taxes in the amounts
                required by law for the conveyance of the Premises;

                        ii.      Seller shall pay the premium for the owner’s policy of title insurance.
            Buyer shall pay for any lenders policy of title insurance and the cost of any endorsements to
            the owner’s policy requested by Buyer;

                         iii.    Buyer shall pay for the cost of recording the warranty deed;

                        iv.    Seller shall be responsible to pay for the recording of any instrument that
                must be recorded to clear title to the extent required by this Agreement;

                        v.     Buyer and Seller shall each pay one-half of any closing fees charged by
            the Title Company;

                         vi.     Each party shall pay its own attorney;
                c. Deliveries. At closing, Seller shall deliver:

                        i. In a form reasonably satisfactory to Buyer and the Title Company, a warranty
        deed to the Premises executed by Seller, subject only to the exceptions that are permitted under
        this Agreement;

                        ii. An affidavit stating that neither Seller nor any of its principals is a “Foreign
        Person” within the meaning of IRC Section 1445(f)(3); and

                       iii. Any additional documents as may be reasonably required by the Buyer or the
        Title Company to effectuate the transaction contemplated by this Agreement.

        15. Possession. Possession of the Premises will be delivered to Buyer on the Date of Closing
subject only to the possession rights of current occupants if any.

         16. Notice. All notices, approvals, consents, and other communications required under this
Agreement shall be in writing and, shall be deemed given: (i) when delivered in person; (ii) when sent by
fax or email; (iii) one day after depositing in the custody of a nationally recognized receipted overnight
delivery service with delivery fees prepaid; or (iv) when sent by United States Mail first-class, registered,
or certified mail, postage prepaid and return receipt requested. The notice shall be effective immediately
upon personal delivery or upon transmission of the fax or email; one day after depositing in the custody of
a nationally recognized overnight delivery service and five days when sent by certified mail. Notices shall
be sent to the parties as follows:


        To Seller:       City of Muskegon
                         993 Terrace Street
                         Muskegon, MI 49442
                         Attn: Jake Eckholm
                         Email: [email protected]

        w/copy to        Parmenter O'Toole
                         601 Terrace Street
                         Muskegon, Michigan 49440
                         Attn: Christopher L. Kelly
                         Email: [email protected]

        To Buyer:        Suburban Property, LLC
                         9500 Cascade Road
                         Ada, MI 94301
                         Attn: Shaun Burket
                         Email: [email protected]

        w/copy to:       Warner, Norcross, & Judd
                         150 Ottawa Ave. NW, Suite 1500
                         Grand Rapids, 49503-2823
                         Attn: Jared Belka
                         Email: [email protected]
         17. Remedies. The parties acknowledge and agree that it would be difficult to measure actual
damages to either party from a breach by the other party of the covenants, restrictions, representations,
and warranties set forth in this Agreement and that the injury to non-breaching party from any breach
would be incalculable and irremediable and the damages would not therefore in and of themselves be an
adequate remedy. The parties therefore agree that in the event of a breach or default by either party, the
non-breaching party shall be entitled as a matter of right to obtain from any court of competent
jurisdiction an injunction to enforce the terms and conditions of this Agreement. Nothing in this
paragraph shall limit either party’s right to pursue any remedy, including money damages for any breach
of this Agreement and specific performance. In addition, the prevailing party shall be entitled to collect
from non-prevailing party all costs incurred by the prevailing party in connection with the enforcement of
this Agreement, including reasonable attorney fees.

        18. Miscellaneous.

                a. Governing Law. This Agreement is executed in accordance with, shall be governed
        by, and construed and interpreted in accordance with the laws of the State of Michigan.

                b. Entire Agreement. This Agreement shall constitute the entire agreement, and shall
        supersede any other agreements, written or oral, that may have been made or entered into, by and
        between the parties with respect to the subject matter of this Agreement and shall not be modified
        or amended except in a subsequent writing signed by the party against whom enforcement is
        sought.

                c. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
        and be enforceable by, the parties and their respective legal representatives, permitted successors
        and assigns.

                 d. Confidentiality. Both parties shall keep the terms and conditions of this Agreement
        and all discussion related hereto in confidence. Provided, each party may discuss the terms and
        conditions of this Agreement with its attorneys, accountants, lenders, and advisors.

                e. Counterparts/Electronic Signatures. This Agreement may be executed in two or
        more counterparts, each of which shall be deemed an original as against any party whose
        signature appears thereon, and all of which together shall constitute one and the same instrument.
        This Agreement shall become binding upon the parties when one or more counterparts,
        individually or taken together, shall bear the signatures of all parties. Electronic signatures shall
        have the same binding effect as original signatures.

                 f. Non-Waiver. No waiver by any party of any provision of this Agreement shall
        constitute a waiver by such party of such provision on any other occasion or a waiver by such
        party of any other provision of this Agreement.

                g. Severability. Should any one or more of the provisions of this Agreement be
        determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
        enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
        affected.

                 h. Assignment or Delegation. Neither party may assign all nor any portion of its
        rights and obligations contained in this Agreement without the express written consent of the
        other party.
          i. Time is of the Essence. Seller and Buyer acknowledge and agree that the time
related provisions set forth herein are critical and essential terms of this Agreement and that time
is of the essence with regard to the transactions contemplated in this Agreement. Failure to
strictly comply with the time related provisions of this Agreement will be considered a breach of
the entire Agreement. If the date for closing, for the delivery of a document, or for giving of a
notice, falls on a Saturday, Sunday or bank holiday, then it shall be automatically deferred to the
next day that is not a Saturday, Sunday or bank holiday.

        j. Survival of Representations and Warranties. The representations, warranties,
covenants, and agreements contained in this Agreement and in any instrument provided for in this
Agreement shall survive Closing and continue in full force and effect following the Date of
Closing.

                         (Signatures appear on following page.)




                                          Seller: City of Muskegon,
                                          a Michigan municipal corporation


                                          By: ____________________________________
                                          Name: Ken Johnson
                                          Title: Mayor
                                          Date: ____________________ ___, 2022

                                          By: ____________________________________
                                          Name: Ann Meisch
                                          Title: City Clerk
                                          Date: ____________________ ___, 2022



                                          Buyer: Suburban Property, LLC,
                                          a Michigan limited liability company

                                          By: ____________________________________
                                          Name: Shaun Burket
                                          Title: _________________________________
                                          Date: ____________________ ___, 2022
Exhibit A
Site Plan
                                              Exhibit B
                                           Legal Description


Property is situated in the City of Muskegon, County of Muskegon, State of Michigan, legally described
as:

Parcel 1:
Lot 9, except the West 15 feet thereof, all of Lots 10-12, and Lot 13, except a triangular piece in the SE
corner of said Lot 13 commencing at the Southeast corner thence North 3.85 feet, thence Southwesterly to
a point on the Southeasterly line of Lot 13, 3.85 feet West of the Point of Beginning, thence 3.85 feet to
the Point of beginning, Block 350 of the Revised Plat of 1903 of the City of Muskegon, as recorded in
Liber 3 of Plats, Page 71, Muskegon County Records.

Commonly known as 1095 Third Street, Muskegon, MI 49442
Parcel No.: 24-205-350-0009-00


Parcel 2:
Lot 1, Block 350 of Revised Plat of 1903 of the City of Muskegon, as recorded in Liber 3 of Plats, Page
71, Muskegon County Records.

Commonly known as 301 W Muskegon Avenue, Muskegon, MI 49442
Parcel No.: 24-205-350-0001-00
               Exhibit C
Proposed Development Vision and Program
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: August 23, 2022                              Title: STOP Violence Against
                                                                      Women Grant

Submitted By: Interim Director Andrew Rush                            Department: Public Safety

Brief Summary: The Michigan Department of Health and Human Services (MDHHS) Division of
Victim Services has approved a fourth year of grant funding in the amount of $211,884 for two
detectives to be assigned to a multi-jurisdictional violence against women task force. Public Safety
seeks approval to accept the funds and sign the contract.




Detailed Summary & Background:
With STOP Violence Against Women grant funding from MDHHS, the Muskegon Police
Department, Norton Shores Police Department, and Muskegon Prosecutor’s Office established a
Violence Against Women Task Force in October of 2020. Two detectives from Muskegon PD, two
from Norton Shores PD, and two prosecutors make up the task force. The task force works
collaboratively to investigate and support victims of domestic violence, sexual assault, and stalking
cases from all Muskegon County jurisdictions.
MDHHS has offered each governmental unit a fourth year of funding from October 1 through
September 30 with a required 25% match. Funding was approved for two detectives, grant
administration, and victim support items. The total project cost for the City of Muskegon is
$282,512, where MDHHS will provide up to $211,884. A match is only necessary on funds used.
Full contract details, program requirements and budgeted items are attached.



Goal/Focus Area/Action Item Addressed:
Quality of Life (Goal 1), Community Connection (Goal 3)

Amount Requested: Receipt of up to                    Amount Budgeted:
$211,884.00 with a 25% match requirement


Fund(s) or Account(s): 101-301-703-000630             Fund(s) or Account(s): 101-301-703-000630

Recommended Motion: To accept the 2023 Stop Violence Against Women Grant and authorize
staff to sign the contract.
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:
                                                                                                    Agreement #: E20231736-00
                                              Grant Agreement Between
                                  Michigan Department of Health and Human Services
                                      hereinafter referred to as the "Department"
                                                          and
                                               City of Muskegon
                                                 933 Terrace St
                                           Muskegon MI 49440 1348
                     Federal I.D.#: 38-6004522, Unique Entity Identifier: NVASZGCGV2Z5
                                    hereinafter referred to as the "Grantee"
                                                       for
                                         STOP Violence Against Women Grant - 2023
                                                          Part 1
1.        Period of Agreement:
           This Agreement will commence on the date of the Grantee's signature or October 1,
           2022, whichever is later, and continue through September 30, 2023. No activity will
           be performed and no costs to the state will be incurred prior to October 1, 2022 or
           the effective date of the Agreement, whichever is later. Throughout the Agreement,
           the date of the Grantee's signature or October 1, 2022, whichever is later, will be
           referred to as the start date. This Agreement is in full force and effect for the period
           specified.
2.        Program Budget and Agreement Amount:
          A.          Agreement Amount
                       The total amount of this Agreement is $282,512.00. Under the terms of this
                       Agreement, the Department will provide funding not to exceed $211,884.00.
                       The source of funding provided by the Department can be obtained in the
                       Schedule of Financial Assistance, available on-demand in the EGrAMS
                       electronic grants management system (http://egrams-mi.com/mdhhs).
                      The Agreement is designated as a:
                       X Subrecipient relationship (federal funding); or
                        Recipient (non-federal funding).

                      The Agreement is designated as:
                        Research and development project; or
                      X Not a research and development project.




__________________________________________________________________________
Contract # E20231736-00, City of Muskegon, STOP Violence Against Women Grant - 2023, Date: 08/15/2022                Page: 1 of 34
          B.          Equipment Purchases and Title
                      Any Grantee equipment purchases supported in whole or in part through this
                      Agreement must be listed in the supporting Equipment Inventory Schedule
                      which should be attached to the Final Financial Status Report. Equipment
                      means tangible, non-expendable, personal property having a useful life of
                      more than one year and an acquisition cost of $5,000 or more per unit. Title to
                      items having a unit acquisition cost of less than $5,000 will vest with the
                      Grantee upon acquisition. The Department reserves the right to retain or
                      transfer the title to all items of equipment having a unit acquisition cost of
                      $5,000 or more, to the extent that the Department’s proportionate interest in
                      such equipment supports such retention or transfer of title.
          C.          Deviation Allowance
                      A deviation allowance modifying an established budget category by $10,000 or
                      15%, whichever is greater, is permissible without prior written approval of the
                      Department. Any modification or deviations in excess of this provision,
                      including any adjustment to the total amount of this Agreement, must be made
                      in writing and executed by all parties through an amendment to this Agreement
                      before the modifications can be implemented. This deviation allowance does
                      not authorize new categories, subcontracts, equipment items or positions not
                      shown in the attached Program Budget Summary and supporting detail
                      schedules.
3.        Purpose:
           The focus of the program is the implementation of comprehensive strategies to stop
           violence against women that are sensitive to the needs and safety of victims and that
           hold offenders accountable.
4.        Statement of Work:
          The Grantee agrees to undertake, perform and complete the activities described in
          Attachment A, which is part of this Agreement.
5.        Financial Requirements:
          The financial requirements must be followed as described in Part 2 and Attachment B,
          which are part of this Agreement.
6.        Performance/Progress Report Requirements:
          The progress reporting methods must be followed as described in Part 2 and
          Attachment C, which are part of this Agreement.
7.        General Provisions:
          The Grantee agrees to comply with the General Provisions as described in Part 2 and
          Attachment E, which are part of this Agreement.




__________________________________________________________________________
Contract # E20231736-00, City of Muskegon, STOP Violence Against Women Grant - 2023, Date: 08/15/2022   Page: 2 of 34
8.        Administration of the Agreement:
          The person acting for the Department in administering this Agreement (hereinafter
          referred to as the Contract Manager) is:


          Patsy Baker  Manager          (517) 335-3705
          [email protected]
          ___________________________________________________________________
          Name                   Title          Telephone No.    Email Address
9.        Grantee's Financial Contact for the Agreement:
          The financial contact acting on behalf of the Grantee for this Agreement is:

          Kenneth Grant                           Administrator
          ___________________________________________________________________
          Name                                           Title

          [email protected]                  (231) 724-6932
          ___________________________________________________________________
          E-Mail Address                                 Telephone No.




__________________________________________________________________________
Contract # E20231736-00, City of Muskegon, STOP Violence Against Women Grant - 2023, Date: 08/15/2022   Page: 3 of 34
10.       Special Conditions:
          A.          This Agreement is valid upon approval and execution by the Department which
                      may be contingent upon approval by the State Administrative Board and
                      signature by the Grantee.
          B.          This Agreement is conditionally approved subject to and contingent upon the
                      availability of funds.
          C.          Based on the availability of funding, the Department may specify the amount of
                      funding the Grantee may expend during a specific time period within the
                      Agreement Period.
          D.          The Department will not assume any responsibility or liability for costs incurred
                      by the Grantee prior to the start date of this Agreement.
          E.          The Grantee is required by 2004 PA 533 to receive payments by electronic
                      funds transfer.
11.       Special Certification:
          The individual or officer signing this Agreement certifies by their signature that they
          are authorized to sign this Agreement on behalf of the responsible governing board,
          official or Grantee.
12.       Signature Section:
          FOR the GRANTEE
          City of Muskegon


          Andrew Rush                   Division Director
          ___________________________________________________________________
          Name                                   Title    Date



          For the Michigan Department of Health and Human Services


          Jeanette Hensler                           08/15/2022
          ___________________________________________________________________
          Jeanette Hensler, Grants Division Director      Date
          Bureau of Grants and Purchasing




__________________________________________________________________________
Contract # E20231736-00, City of Muskegon, STOP Violence Against Women Grant - 2023, Date: 08/15/2022   Page: 4 of 34
                                                                   Part 2
                                                              General Provisions
I.        Responsibilities - Grantee
          The Grantee, in accordance with the general purposes and objectives of this
          Agreement, must:
          A.          Publication Rights
                      1.        Copyright materials only when the Grantee exclusively develops books,
                                films or other such copyrightable materials through activities supported
                                by this Agreement. The copyrighted materials cannot include recipient
                                information or personal identification data. Grantee provides the
                                Department a royalty-free, non-exclusive and irrevocable license to
                                reproduce, publish and use such materials copyrighted by the Grantee
                                and authorizes others to reproduce and use such materials.
                      2.        Obtain prior written authorization from the Department’s Office of
                                Communications for any materials copyrighted by the Grantee or
                                modifications bearing acknowledgment of the Department's name prior
                                to reproduction and use of such materials. The state of Michigan may
                                modify the material copyrighted by the Grantee and may combine it with
                                other copyrightable intellectual property to form a derivative work. The
                                state of Michigan will own and hold all copyright and other intellectual
                                property rights in any such derivative work, excluding any rights or
                                interest granted in this Agreement to the Grantee. If the Grantee ceases
                                to conduct business for any reason or ceases to support the
                                copyrightable materials developed under this Agreement, the state of
                                Michigan has the right to convert its licenses into transferable licenses
                                to the extent consistent with any applicable obligations the Grantee has.
                      3.        Obtain written authorization, at least 14 days in advance, from the
                                Department’s Office of Communications and give recognition to the
                                Department in any and all publications, papers and presentations
                                arising from the Agreement activities.
                      4.        Notify the Department’s Bureau of Grants and Purchasing 30 days
                                before applying to register a copyright with the U.S. Copyright Office.
                                The Grantee must submit an annual report for all copyrighted materials
                                developed by the Grantee through activities supported by this
                                Agreement and must submit a final invention statement and certification
                                within 60 days of the end of the Agreement period.
                      5.        Not make any media releases related to this Agreement, without prior
                                written authorization from the Department’s Office of Communications.




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          B.          Fees
                      1.        Guarantee that any claims made to the Department under this
                                Agreement will not be financed by any sources other than the
                                Department under the terms of this Agreement. If funding is received
                                through any other source, the Grantee agrees to budget the additional
                                source of funds and reflect the source of funding on the Financial Status
                                Report.
                      2.        Make reasonable efforts to collect 1st and 3rd party fees, where
                                applicable, and report those collections on the Financial Status Report.
                                Any under recoveries of otherwise available fees resulting from failure to
                                bill for eligible activities will be excluded from reimbursable
                                expenditures.
          C.          Grant Program Operation
                      Provide the necessary administrative, professional and technical staff for
                      operation of the grant program. The Grantee must obtain and maintain all
                      necessary licenses, permits or other authorizations necessary for the
                      performance of this Agreement.
                      Use an accounting system that can identify and account for the funds received
                      from each separate grant, regardless of funding source, and assure that grant
                      funds are not commingled.
          D.          Reporting
                      Utilize all report forms and reporting formats required by the Department at the
                      start date of this Agreement and provide the Department with timely review
                      and commentary on any new report forms and reporting formats proposed for
                      issuance thereafter.


          E.          Record Maintenance/Retention
                      Maintain adequate program and fiscal records and files, including source
                      documentation, to support program activities and all expenditures made under
                      the terms of this Agreement, as required. The Grantee must assure that all
                      terms of the Agreement will be appropriately adhered to and that records and
                      detailed documentation for the grant project or grant program identified in this
                      Agreement will be maintained for a period of not less than four years from the
                      date of termination, the date of submission of the final expenditure report or
                      until litigation and audit findings have been resolved. This section applies to
                      the Grantee, any parent, affiliate, or subsidiary organization of the Grantee and
                      any subcontractor that performs activities in connection with this Agreement.
          F.          Authorized Access
                      1.
                Permit within 10 calendar days of providing notification and at
                reasonable times, access by authorized representatives of the
                Department, Federal Grantor Agency, Inspector Generals, Comptroller
                General of the United States and State Auditor General, or any of their
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                                duly authorized representatives, to records, papers, files, documentation
                                and personnel related to this Agreement, to the extent authorized by
                                applicable state or federal law, rule or regulation.
                      2.        Acknowledge the rights of access in this section are not limited to the
                                required retention period. The rights of access will last as long as the
                                records are retained.
                      3.        Cooperate and provide reasonable assistance to authorized
                                representatives of the Department and others when those individuals
                                have access to the Grantee’s grant records.
          G.          Audits
                      This section only applies to Grantees designated as subrecipients by the
                      Department (see Part 1, Section II. A.).
                      1.        Required Audit or Audit Exemption Notice
                                Submit to the Department either a Single Audit, Financial Related Audit
                                or Audit Exemption Notice as described below. A Financial Related
                                Audit is applicable to for-profit Grantees that are designated as
                                subrecipients. If submitting a Single Audit or Financial Related Audit,
                                Grantees must also submit a corrective action plan prepared in
                                accordance with 2 CFR 200.511(c) for any audit findings that impact the
                                Department funded programs, and management letter (if issued) with a
                                corrective action plan.
                                a.           Single Audit
                                             Grantees that are a state, local government or non-profit
                                             organization that expend $750,000 or more in federal awards
                                             during the Grantee’s fiscal year must submit a Single Audit to
                                             the Department, regardless of the amount of funding received
                                             from the Department. The Single Audit must comply with the
                                             requirements of 2 CFR 200 Subpart F. The Single Audit
                                             reporting package must include all components described 2
                                             CFR 200.512 (c).
                                b.           Financial Related Audit
                                             Grantees that are for-profit organizations that expend $750,000
                                             or more in federal awards during the Grantee’s fiscal year must
                                             submit either a financial related audit prepared in accordance
                                             with Government Auditing Standards relating to all federal
                                             awards, or an audit that meets the requirements contained in 2
                                             CFR 200 Subpart F, if required by the federal awarding agency.
                                c.           Audit Exemption Notice
                        Grantees exempt from the Single Audit and Financial Related
                        Audit requirements (a. and b. above) must submit an Audit
                        Exemption Notice that certifies these exemptions. The
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                                              template Audit Exemption Notice and further instructions are
                                              available at State of Michigan - MDHHS by selecting Inside
                                              MDHHS – MDHHS Audit - Audit Reporting.
                      2.        Financial Statement Audit
                                Grantees exempt from the Single Audit and Financial Related Audit
                                requirements (that are required to submit an Audit Exemption Notice as
                                described above) must submit to the Department a Financial Statement
                                Audit prepared in accordance with generally accepted auditing
                                standards if the audit includes disclosures that may negatively impact
                                the Department funded programs including but not limited to fraud,
                                going concern uncertainties, financial statement misstatements and
                                violations of the Agreement requirements. If submitting a Financial
                                Statement Audit, Grantees must also submit a corrective action plan for
                                any audit findings that impact the Department funded programs.
                      3.        Due Date and Where to Send
                                 The required audit and any other required submissions (i.e., corrective
                                 action plan, and management letter with a corrective action plan),
                                 and/or Audit Exemption Notice must be submitted to the Department
                                 within nine months of the end of the Grantee’s fiscal year by e-mail to
                                 [email protected]. Single Audit reports must be
                                 submitted simultaneously to the Department and Federal Audit
                                 Clearinghouse, in accordance with 2 CFR 200.512(a). The required
                                 submissions must be assembled in PDF files and compatible with
                                 Adobe Acrobat (read only). The subject line must state the agency
                                 name and fiscal year end. The Department reserves the right to
                                 request a hard copy of the audit materials if for any reason the
                                 electronic submission process is not successful.
                      4.        Penalty
                                a.           Delinquent Single Audit or Financial Related Audit
                       If the Grantee does not submit the required Single Audit or
                       Financial Related Audit, including any management letter and
                       applicable corrective action plan(s) within nine months after the
                       end of the Grantee’s fiscal year, the Department may withhold
                       from any payment from the Department to the Grantee an
                       amount equal to five percent of the audit year’s grant funding
                       (not to exceed $200,000) until the required filing is received by
                       the Department. The Department may retain the amount
                       withheld if the Grantee is more than 120 days delinquent in
                       meeting the filing requirements. The Department may terminate
                       any current grant agreements if the Grantee is more than 180
                       days delinquent in meeting the filing requirements.
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                                b.           Delinquent Audit Exemption Notice
                                             Failure to submit the Audit Exemption Notice, when required,
                                             may result in withholding from any payment from Department to
                                             the Grantee an amount equal to one percent of the audit year’s
                                             grant funding until the Audit Exemption Notice is received.
                      5.        Other Audits
                                The Department or federal agencies may also conduct or arrange for
                                agreed upon procedures or additional audits to meet their needs.
          H.          Subrecipient/Contractor Monitoring
                      1.        When passing federal funds through to a subrecipient (if the Agreement
                                does not prohibit the passing of federal funds through to a subrecipient),
                                the Grantee must:
                                a.           Ensure that every subaward is clearly identified to the
                                             subrecipient as a subaward and includes the information
                                             required by 2 CFR 200.332.
                                b.           Ensure the subrecipient complies with all the requirements of
                                             this Agreement.
                                c.           Evaluate each subrecipient’s risk for noncompliance as required
                                             by 2 CFR 200.332(b).
                                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 subawards; that subaward performance goals
                                             are achieved; and that all monitoring requirements of 2 CFR
                                             200.332(d) are met including reviewing financial and
                                             programmatic reports, following up on corrective actions and
                                             issuing management decisions for audit findings.
                                e.           Verify that every subrecipient is audited as required by 2 CFR
                                             200 Subpart F.
                      2.        Develop a subrecipient monitoring plan that addresses the above
                                requirements and provides reasonable assurance that the subrecipient
                                administers federal awards in compliance with laws, regulations and the
                                provisions of this Agreement, and that performance goals are achieved.
                                The subrecipient monitoring plan should include a risk-based
                                assessment to determine the level of oversight and monitoring activities,
                                such as reviewing financial and performance reports, performing site
                                visits and maintaining regular contact with subrecipients.
                      3.        Establish requirements to ensure compliance for for-profit subrecipients
                                as required by 2 CFR 200.501(h), as applicable.
                      4.
                Ensure that transactions with subrecipients/contractors comply with
                laws, regulations and provisions of contracts or grant agreements.
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          I.          Notification of Modifications
                      Provide timely notification to the Department, in writing, of any action by its
                      governing board or any other funding source that would require or result in
                      significant modification in the provision of activities, funding or compliance with
                      operational procedures.
          J.          Software Compliance
                      Ensure software compliance and compatibility with the Department’s data
                      systems for activities provided under this Agreement, including but not limited
                      to stored data, databases and interfaces for the production of work products
                      and reports. All required data under this Agreement must be provided in an
                      accurate and timely manner without interruption, failure or errors due to the
                      inaccuracy of the Grantee’s business operations for processing data. All
                      information systems, electronic or hard copy, that contain state or federal data
                      must be protected from unauthorized access.
          K.          Human Subjects
                      Comply with Federal Policy for the Protection of Human Subjects, 45 CFR 46.
                      The Grantee agrees that prior to the initiation of the research, the Grantee will
                      submit Institutional Review Board (IRB) application material for all research
                      involving human subjects, which is conducted in programs sponsored by the
                      Department or in programs which receive funding from or through the state of
                      Michigan, to the Department’s IRB for review and approval, or the IRB
                      application and approval materials for acceptance of the review of another
                      IRB. All such research must be approved by a federally assured IRB, but the
                      Department’s IRB can only accept the review and approval of another
                      institution’s IRB under a formally approved interdepartmental agreement. The
                      manner of the review will be agreed upon between the Department’s IRB
                      Chairperson and the Grantee’s authorized official.
          L.          Mandatory Disclosures
                      1.        Disclose to the Department in writing within 14 days of receiving notice
                                of any litigation, investigation, arbitration or other proceeding
                                (collectively, “Proceeding”) involving Grantee, a subcontractor or an
                                officer or director of Grantee or subcontractor that arises during the term
                                of this Agreement including:
                                a.           All violations of federal and state criminal law involving fraud,
                                             bribery, or gratuity violations potentially affecting the
                                             Agreement.
                                b.           A criminal Proceeding;
                                c.           A parole or probation Proceeding;
                                d.           A Proceeding under the Sarbanes-Oxley Act;
                                 e.           A civil Proceeding involving:
                           1. A claim that might reasonably be expected to
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                                                       adversely affect Grantee’s viability or financial stability;
                                                       or
                                                    2. A governmental or public entity’s claim or written
                                                       allegation of fraud; or
                                                    3. Any complaint filed in a legal or administrative
                                                       proceeding alleging the Grantee or its subcontractors
                                                       discriminated against its employees, subcontractors,
                                                       vendors, or suppliers during the term of this
                                                       Agreement; or
                                f.           A Proceeding involving any license that Grantee is required to
                                             possess in order to perform under this Agreement.
                      2.        Notify the Department, at least 90 calendar days before the effective
                                date, of a change in Grantee’s ownership or executive management.
          M.          Statement of Work Progress Reports
                       Submit quarterly Statement of Work progress reports to the Department via
                       the http://egrams-mi.com/mdhhs website by the 15th day of the month
                       following the end of the quarter and a final report no later than 15 days
                       following the end of this Agreement.
          N.          Conflict of Interest and Code of Conduct Standards
                      1.        Be subject to the provisions of 1968 PA 317, as amended, 1973 PA
                                196, as amended, and 2 CFR 200.318 (c)(1) and (2).
                      2.        Uphold high ethical standards and be prohibited from the following:
                                a.           Holding or acquiring an interest that would conflict with this
                                             Agreement;
                                b.           Doing anything that creates an appearance of impropriety with
                                             respect to the award or performance of this Agreement;
                                c.           Attempting to influence or appearing to influence any state
                                             employee by the direct or indirect offer of anything of value; or
                                d.           Paying or agreeing to pay any person, other than employees
                                             and consultants working for Grantee, any consideration
                                             contingent upon the award of this Agreement.
                      3.        Immediately notify the Department of any violation or potential violation
                                of these standards. This Section applies to Grantee, any parent,
                                affiliate, or subsidiary organization of Grantee, and any subcontractor
                                that performs activities in connection with this Agreement.
          O.          Travel Costs
                      1.        Be reimbursed for travel costs (including mileage, meals, and lodging)
                                budgeted and incurred related to activities provided under this
                                Agreement.
                a.     If the Grantee has a documented policy related to travel
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                                             reimbursement for employees and if the Grantee follows that
                                             documented policy, the Department will reimburse the Grantee
                                             for travel costs at the Grantee’s documented reimbursement
                                             rate for employees. Otherwise, the state of Michigan travel
                                             reimbursement rate applies.
                                 b.           State of Michigan travel rates may be found at the following
                                              website: http://www.michigan.gov/dtmb/0,5552,7-358-
                                              82548_13132---,00.html.
                                c.           International travel must be pre-approved by the Department
                                             and itemized in the budget.
          P.          Federal Funding Accountability and Transparency Act (FFATA)
                      1.        Complete and upload the FFATA Executive Compensation report to the
                                EGrAMS agency profile if:
                                a.           The Grantee’s federal revenue was 80% or more of the
                                             Grantee’s annual gross revenue; AND
                                b.           Grantee’s gross revenue from federal awards was $25,000,000
                                             or more; AND
                                c.           The public does not have access to the information about
                                             executive officers’ compensation through periodic reports filed
                                             under Section 13(a) or 15(d) of the Securities Exchange Act of
                                             1934 or Section 6104 of the Internal Revenue Code of 1986.
                      2.        The FFATA Executive Compensation report template can be found in
                                EGrAMS documents.
          Q.          Insurance Requirements
                      1.        Maintain at least a minimum of the insurances or governmental self-
                                insurances listed below and be responsible for all deductibles. All
                                required insurance or self-insurance must:
                                a.           Protect the state of Michigan from claims that may arise out of,
                                             are alleged to arise out of, or result from Grantee’s or a
                                             subcontractor’s performance;
                                b.           Be primary and non-contributing to any comparable liability
                                             insurance (including self-insurance) carried by the state; and
                                c.           Be provided by a company with an A.M. Best rating of “A-” or
                                             better and a financial size of VII or better.
                      2.        Insurance Types
                                a.
                       Commercial General Liability Insurance or Governmental Self-
                       Insurance: Except for Governmental Self-Insurance, policies
                       must be endorsed to add “the state of Michigan, its
                       departments, divisions, agencies, offices, commissions,
                       officers, employees, and agents” as additional insureds using
                       endorsement CG 20 10 11 85, or both CG 20 10 12 19 and CG
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                                             20 37 12 19.

                                             If the Grantee will interact with children, schools, or the
                                             cognitively impaired, the Grantee must maintain appropriate
                                             insurance coverage related to sexual abuse and molestation
                                             liability.
                                b.           Workers’ Compensation Insurance or Governmental Self-
                                             Insurance: Coverage according to applicable laws governing
                                             work activities. Policies must include waiver of subrogation,
                                             except where waiver is prohibited by law.
                                c.           Employers Liability Insurance or Governmental Self-Insurance.
                                d.           Privacy and Security Liability (Cyber Liability) Insurance: cover
                                             information security and privacy liability, privacy notification
                                             costs, regulatory defense and penalties, and website media
                                             content liability.
                      3.        Require that subcontractors maintain the required insurances contained
                                in this Section.
                      4.        This Section is not intended to and is not to be construed in any manner
                                as waiving, restricting or limiting the liability of the Grantee from any
                                obligations under this Agreement.
                      5.        Each Party must promptly notify the other Party of any knowledge
                                regarding an occurrence which the notifying Party reasonably believes
                                may result in a claim against either Party. The Parties must cooperate
                                with each other regarding such claim.
          R.          Fiscal Questionnaire
                      1.        Complete and upload the yearly fiscal questionnaire to the EGrAMS
                                agency profile within three months of the start of the Agreement.
                      2.        The fiscal questionnaire template can be found in EGrAMS documents.
          S.          Criminal Background Check
                      1.        Conduct or cause to be conducted a search that reveals information
                                similar or substantially similar to information found on an Internet
                                Criminal History Access Tool (ICHAT) check and a national and state
                                sex offender registry check for each new employee, employee,
                                subcontractor, subcontractor employee, or volunteer who under this
                                Agreement works directly with clients or has access to client
                                information.
                                 a.           ICHAT: http://apps.michigan.gov/ichat

                                 b.           Michigan Public Sex Offender Registry:
                                              http://www.mipsor.state.mi.us

                 c.     National Sex Offender Registry: http://www.nsopw.gov
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                      2         Conduct or cause to be conducted a Central Registry (CR) check for
                                each new employee, employee, subcontractor, subcontractor employee,
                                or volunteer who under this Agreement works directly with children.
                                 a.           Central Registry: https://www.michigan.gov/mdhhs/0,5885,7-
                                              339-73971_7119_50648_48330-180331--,00.html
                      3.        Require each new employee, employee, subcontractor, subcontractor
                                employee, or volunteer who, under this Agreement, works directly with
                                clients or who has access to client information to notify the Grantee in
                                writing of criminal convictions (felony or misdemeanor), pending felony
                                charges, or placement on the Central Registry as a perpetrator, at hire
                                or within 10 days of the event after hiring.
                      4.        Determine whether to prohibit any employee, subcontractor,
                                subcontractor employee, or volunteer from performing work directly with
                                clients or accessing client information related to clients under this
                                Agreement, based on the results of a positive ICHAT response or
                                reported criminal felony conviction or perpetrator identification.
                      5.        Determine whether to prohibit any employee, subcontractor,
                                subcontractor employee or volunteer from performing work directly with
                                children under this Agreement, based on the results of a positive CR
                                response or reported perpetrator identification.
                      6.        Require any employee, subcontractor, subcontractor employee or
                                volunteer who may have access to any databases of information
                                maintained by the federal government that contain confidential or
                                personal information, including but not limited to federal tax information,
                                to have a fingerprint background check performed by the Michigan State
                                Police.
II.       Responsibilities - Department
          The Department in accordance with the general purposes and objectives of this
          Agreement will:
          A.          Reimbursement
                      Provide reimbursement in accordance with the terms and conditions of this
                      Agreement based upon appropriate reports, records and documentation
                      maintained by the Grantee.
          B.          Report Forms
                      Provide any report forms and reporting formats required by the Department at
                      the start date of this Agreement and provide to the Grantee any new report
                      forms and reporting formats proposed for issuance thereafter at least 30 days
                      prior to their required usage in order to afford the Grantee an opportunity to
                      review.
III.      Assurances
     The following assurances are hereby given to the Department:
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          A.          Compliance with Applicable Laws
                      The Grantee will comply with applicable federal and state laws, guidelines,
                      rules and regulations in carrying out the terms of this Agreement. The Grantee
                      will also comply with all applicable general administrative requirements, such
                      as 2 CFR 200, covering cost principles, grant/agreement principles and audits,
                      in carrying out the terms of this Agreement. The Grantee will comply with all
                      applicable requirements in the original grant awarded to the Department if the
                      Grantee is a subgrantee. The Department may determine that the Grantee has
                      not complied with applicable federal or state laws, guidelines, rules and
                      regulations in carrying out the terms of this Agreement and may then terminate
                      this Agreement under Part 2, Section V.
          B.          Anti-Lobbying Act
                      The Grantee will comply with the Anti-Lobbying Act (31 U.S.C. 1352) as
                      revised by the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.),
                      Federal Acquisition Regulations 52.203.11 and 52.203.12, and Section 503 of
                      the Departments of Labor, Health & Human Services, and Education, and
                      Related Agencies section of the current fiscal year Omnibus Consolidated
                      Appropriations Act. Further, the Grantee must require that the language of this
                      assurance be included in the award documents of all subawards at all tiers
                      (including subcontracts, subgrants, and contracts under grants, loans and
                      cooperative agreements) and that all subrecipients must certify and disclose
                      accordingly.
          C.          Non-Discrimination
                      1.        The Grantee must comply with the Department’s non-discrimination
                                statement: The Michigan Department of Health and Human Services will
                                not discriminate against any individual or group because of race, sex,
                                religion, age, national origin, color, height, weight, marital status, gender
                                identification or expression, sexual orientation, 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 every subcontract entered into for the performance
                                of any contract or purchase order resulting therefrom, will contain a
                                provision requiring non-discrimination in employment, activity delivery
                                and access, as herein specified, binding upon each subcontractor. This
                                covenant is required pursuant to the Elliot-Larsen Civil Rights Act (1976
                                PA 453, as amended; MCL 37.2101 et seq.) and the Persons with
                                Disabilities Civil Rights Act (1976 PA 220, as amended; MCL 37.1101 et
                                seq.), and any breach thereof may be regarded as a material breach of
                                this Agreement.
                      2.        The Grantee will comply with all federal and state statutes relating to
                                nondiscrimination. These include but are not limited to:
                a.     Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which
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                                             prohibits discrimination based on race, color or national origin;
                                b.           Title IX of the Education Amendments of 1972, as amended (20
                                             U.S.C. 1681-1683, 1685-1686), which prohibits discrimination
                                             based on sex;
                                c.           Section 504 of the Rehabilitation Act of 1973, as amended (29
                                             U.S.C. 794), which prohibits discrimination based on
                                             disabilities;
                                d.           The Age Discrimination Act of 1975, as amended (42 U.S.C.
                                             6101-6107), which prohibits discrimination based on age;
                                e.           The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-
                                             255), as amended, relating to nondiscrimination based on drug
                                             abuse;
                                f.           The Comprehensive Alcohol Abuse and Alcoholism Prevention,
                                             Treatment, and Rehabilitation Act of 1970 (P.L. 91-616) as
                                             amended, relating to nondiscrimination based on alcohol abuse
                                             or alcoholism;
                                g.           Sections 523 and 527 of the Public Health Service Act of 1944
                                             (42 U.S.C. 290 dd-2), as amended, relating to confidentiality of
                                             alcohol and drug abuse patient records;
                                h.           Any other nondiscrimination provisions in the specific statute(s)
                                             under which application for federal assistance is being made;
                                             and,
                                i.           The requirements of any other nondiscrimination statute(s)
                                             which may apply to the application.
                      3.        Additionally, assurance is given to the Department that proactive efforts
                                will be made to identify and encourage the participation of minority-
                                owned and women-owned businesses, and businesses owned by
                                persons with disabilities in contract solicitations. The Grantee must
                                include language in all contracts awarded under this Agreement which
                                (1) prohibits discrimination against minority-owned and women-owned
                                businesses and businesses owned by persons with disabilities in
                                subcontracting; and (2) makes discrimination a material breach of
                                contract.
          D.          Debarment and Suspension
                      The Grantee will comply with federal regulation 2 CFR 180 and certifies to the
                      best of its knowledge and belief that it, its employees 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 contractor;
                      2.
                Have not within a five-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,
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                                attempting to obtain, or performing a public (federal, state, or local) or
                                private transaction or contract under a public transaction; violation of
                                federal or state antitrust statutes or commission of embezzlement, theft,
                                forgery, bribery, falsification or destruction of records, making false
                                statements, tax evasion, receiving stolen property, making false claims,
                                or obstruction of justice;
                      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 section 2;
                      4.        Have not within a five-year period preceding this Agreement had one or
                                more public transactions (federal, state or local) terminated for cause or
                                default; and
                      5.        Have not committed an act of so serious or compelling a nature that it
                                affects the Grantee’s present responsibilities.
          E.          Federal Requirement: Pro-Children Act
                      1.        The Grantee will comply with the Pro-Children Act of 1994 (P.L. 103-
                                227; 20 U.S.C. 6081, et seq.), which requires that smoking not be
                                permitted in any portion of any indoor facility owned or leased or
                                contracted by and used routinely or regularly for the provision of health,
                                day care, early childhood development activities, education or library
                                activities to children under the age of 18, if the activities are funded by
                                federal programs either directly or through state or local governments,
                                by federal grant, contract, loan or loan guarantee. The law also applies
                                to children’s activities that are provided in indoor facilities that are
                                constructed, operated, or maintained with such federal funds. The law
                                does not apply to children’s activities provided in private residences;
                                portions of facilities used for inpatient drug or alcohol treatment; activity
                                providers whose sole source of applicable federal funds is Medicare or
                                Medicaid; or facilities where Women, Infants, and Children (WIC)
                                coupons are redeemed. Failure to comply with the provisions of the law
                                may result in the imposition of a civil monetary penalty of up to $1,000
                                for each violation and/or the imposition of an administrative compliance
                                order on the responsible entity. The Grantee also assures that this
                                language will be included in any subawards which contain provisions for
                                children’s activities.
                      2.
                The Grantee also assures, in addition to compliance with P.L. 103-227,
                any activity funded in whole or in part through this Agreement will be
                delivered in a smoke-free facility or environment. Smoking must not be
                permitted anywhere in the facility, or those parts of the facility under the
                control of the Grantee. If activities are delivered in facilities or areas that
                are not under the control of the Grantee (e.g., a mall, restaurant or
                private work site), the activities must be smoke-free.
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          F.          Hatch Act and Intergovernmental Personnel Act
                      The Grantee will comply with the Hatch Act (5 U.S.C. 1501-1508, 5 U.S.C.
                      7321-7326), and the Intergovernmental Personnel Act of 1970 (P.L. 91-648)
                      as amended by Title VI of the Civil Service Reform Act of 1978 (P.L. 95-454).
                      Federal funds cannot be used for partisan political purposes of any kind by any
                      person or organization involved in the administration of federally assisted
                      programs.
          G.          Employee Whistleblower Protections
                      The Grantee will comply with 41 U.S.C. 4712 and must insert this clause in all
                      subcontracts.
          H.          Clean Air Act and Federal Water Pollution Control Act
                      The Grantee will comply with the Clean Air Act (42 U.S.C. 7401-7671(q)) and
                      the Federal Water Pollution Control Act (33 U.S.C. 1251-1388), as amended.
                      This Agreement and anyone working on this Agreement will be subject to the
                      Clean Air Act and Federal Water Pollution Control Act and must comply with
                      all applicable standards, orders or regulations issued pursuant to these Acts.
                      Violations must be reported to the Department.
          I.          Victims of Trafficking and Violence Protection Act
                      The Grantee will comply with the Victims of Trafficking and Violence Protection
                      Act of 2000 (P.L. 106-386), as amended.
                      This Agreement and anyone working on this Agreement will be subject to P.L.
                      106-386 and must comply with all applicable standards, orders or regulations
                      issued pursuant to this Act. Violations must be reported to the Department.
          J.          Procurement of Recovered Materials
                      The Grantee will comply with section 6002 of the Solid Waste Disposal Act of
                      1965 (P.L. 89-272), as amended.
                      This Agreement and anyone working on this Agreement will be subject to
                      section 6002 of P.L. 89-272, as amended, and must comply with all applicable
                      standards, orders or regulations issued pursuant to this Act. Violations must be
                      reported to the Department.
          K.          Subcontracts
                      For any subcontracted activity or product, the Grantee will ensure:
                      1.        That a written subcontract is executed by all affected parties prior to the
                                initiation of any new subcontract activity or delivery of any
                                subcontracted product. Exceptions to this policy may be granted by the
                                Department if the Grantee asks the Department in writing within 30 days
                                of execution of the Agreement.
                      2.
                That any executed subcontract to this Agreement must require the
                subcontractor to comply with all applicable terms and conditions of this
                Agreement. In the event of a conflict between this Agreement and the
                provisions of the subcontract, the provisions of this Agreement will
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                                prevail.

                                A conflict between this Agreement and a subcontract, however, will not
                                be deemed to exist where the subcontract:
                                a.           Contains additional non-conflicting provisions not set forth in
                                             this Agreement;
                                b.           Restates provisions of this Agreement to afford the Grantee the
                                             same or substantially the same rights and privileges as the
                                             Department; or
                                c.           Requires the subcontractor to perform duties and/or activities in
                                             less time than that afforded the Grantee in this Agreement.
                      3.        That the subcontract does not affect the Grantee’s accountability to the
                                Department for the subcontracted activity.
                      4.        That any billing or request for reimbursement for subcontract costs is
                                supported by a valid subcontract and adequate source documentation
                                on costs and activities.
                      5.        That the Grantee will submit a copy of the executed subcontract if
                                requested by the Department.
          L.          Procurement
                      1.        Grantee will ensure that all purchase transactions, whether negotiated
                                or advertised, are conducted openly and competitively in accordance
                                with the principles and requirements of 2 CFR 200.
                      2.        Funding from this Agreement must not be used for the purchase of
                                foreign goods or services.
                      3.        Preference must be given to goods and services manufactured or
                                provided by Michigan businesses, if they are competitively priced and of
                                comparable quality.
                      4.        Preference must be given to goods and services that are manufactured
                                or provided by Michigan businesses owned and operated by veterans, if
                                they are competitively priced and of comparable quality.
                      5.        Records must be sufficient to document the significant history of all
                                purchases and must be maintained for a minimum of four years after the
                                end of the Agreement period.
          M.          Health Insurance Portability and Accountability Act
                      To the extent that the Health Insurance Portability and Accountability Act
                      (HIPAA) is applicable to the Grantee under this Agreement, the Grantee
                      assures that it is in compliance with requirements of HIPAA including the
                      following:
                      1.
                The Grantee must not share any protected health information provided
                by the Department that is covered by HIPAA except as permitted or
                required by applicable law, or to a subcontractor as appropriate under
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                                this Agreement.
                      2.        The Grantee will ensure that any subcontractor will have the same
                                obligations as the Grantee not to share any protected health data and
                                information from the Department that falls under HIPAA requirements in
                                the terms and conditions of the subcontract.
                      3.        The Grantee must only use the protected health data and information
                                for the purposes of this Agreement.
                      4.        The Grantee must have written policies and procedures addressing the
                                use of protected health data and information that falls under the HIPAA
                                requirements. The policies and procedures must meet all applicable
                                federal and state requirements including the HIPAA regulations. These
                                policies and procedures must include restricting access to the protected
                                health data and information by the Grantee’s employees.
                      5.        The Grantee must have a policy and procedure to immediately report to
                                the Department any suspected or confirmed unauthorized use or
                                disclosure of protected health information that falls under the HIPAA
                                requirements of which the Grantee becomes aware. The Grantee will
                                work with the Department to mitigate the breach and will provide
                                assurances to the Department of corrective actions to prevent further
                                unauthorized uses or disclosures. The Department may demand
                                specific corrective actions and assurances and the Grantee must
                                provide the same to the Department.
                      6.        Failure to comply with any of these contractual requirements may result
                                in the termination of this Agreement in accordance with Part 2, Section
                                V.
                      7.        In accordance with HIPAA requirements, the Grantee is liable for any
                                claim, loss or damage relating to unauthorized use or disclosure of
                                protected health data and information, including without limitation the
                                Department’s costs in responding to a breach, received by the Grantee
                                from the Department or any other source.
                      8.        The Grantee will enter into a business associate agreement should the
                                Department determine such an agreement is required under HIPAA.
          N.          Website Incorporation
                      The Department is not bound by any content on Grantee’s website or other
                      internet communication platforms or technologies, unless expressly
                      incorporated directly into this Agreement. The Department is not bound by any
                      end user license agreement or terms of use unless specifically incorporated in
                      this Agreement or any other agreement signed by the Department. The
                      Grantee must not refer to the Department on the Grantee’s website or other
                      internet communication platforms or technologies without the prior written
                      approval of the Department.

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          O.          Survival
                      The provisions of this Agreement that impose continuing obligations will
                      survive the expiration or termination of this Agreement.
          P.          Non-Disclosure of Confidential Information
                      1.        The Grantee agrees that it will use confidential information solely for the
                                purpose of this Agreement. The Grantee agrees to hold all confidential
                                information in strict confidence and not to copy, reproduce, sell, transfer
                                or otherwise dispose of, give or disclose such confidential information to
                                third parties other than employees, agents, or subcontractors of a party
                                who have a need to know in connection with this Agreement or to use
                                such confidential information for any purpose whatsoever other than the
                                performance of this Agreement. The Grantee must take all reasonable
                                precautions to safeguard the confidential information. These
                                precautions must be at least as great as the precautions the Grantee
                                takes to protect its own confidential or proprietary information.
                       2.        Meaning of Confidential Information
                                 For the purpose of this Agreement the term “confidential information”
                                 means all information and documentation that:
                                a.           Has been marked “confidential” or with words of similar
                                             meaning, at the time of disclosure by such party;
                                b.           If disclosed orally or not marked “confidential” or with words of
                                             similar meaning, was subsequently summarized in writing by
                                             the disclosing party and marked “confidential” or with words of
                                             similar meaning;
                                c.           Should reasonably be recognized as confidential information of
                                             the disclosing party;
                                d.           Is unpublished or not available to the general public; or
                                e.           Is designated by law as confidential.
                      3.        The term “confidential information” does not include any information or
                                documentation that was:
                                a.           Subject to disclosure under the Michigan Freedom of
                                             Information Act (FOIA);
                                b.           Already in the possession of the receiving party without an
                                             obligation of confidentiality;
                                c.           Developed independently by the receiving party, as
                                             demonstrated by the receiving party, without violating the
                                             disclosing party’s proprietary rights;
                                d.           Obtained from a source other than the disclosing party without
                                             an obligation of confidentiality; or
                                e.
                       Publicly available when received or thereafter became publicly
                       available (other than through an unauthorized disclosure by,
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                                             through or on behalf of, the receiving party).
                      4.        The Grantee must notify the Department within one business day after
                                discovering any unauthorized use or disclosure of confidential
                                information. The Grantee will cooperate with the Department in every
                                way possible to regain possession of the confidential information and
                                prevent further unauthorized use or disclosure.
          Q.          Cap on Salaries
                       None of the funds awarded to the Grantee through this Agreement will be
                       used to pay, either through a grant or other external mechanism, the salary of
                       an individual at a rate in excess of Executive Level II. The current rates of pay
                       for the Executive Schedule are located on the United States Office of
                       Personnel Management web site, http://www.opm.gov, by navigating to
                       Policy — Pay & Leave — Salaries & Wages. The salary rate limitation does
                       not restrict the salary that a Grantee may pay an individual under its
                       employment; rather, it merely limits the portion of that salary that may be paid
                       with funds from this Agreement.
IV.       Financial Requirements
          A.          Operating Advance
                      An operating advance may be requested by the Grantee to assist with
                      program operations. The request should be addressed to the Contract
                      Manager identified in Part 1, Section VIII. The operating advance will be
                      administered as follows:
                      1.        The operating advance amount requested must be reasonable in
                                relation to factors including but not limited to program requirements, the
                                period of the Agreement, and the financial obligation. The advance must
                                not exceed 16.67 percent of operating expenses. Operating advances
                                will be monitored and adjusted by the Department relative to the
                                Agreement amount.
                      2.        The operating advance must be recorded as an account payable liability
                                to the Department in the Grantee’s financial records. The operating
                                advance payable liability must remain in the Grantee’s financial records
                                until fully recovered by the Department.
                      3.        The reimbursement for actual expenditures by the Department should
                                be used by the Grantee to replenish the operating advance used for
                                program operations.
                      4.        The operating advance must be returned to the Department within 30
                                days of the end date of this Agreement unless the Grantee has a
                                recurring agreement with the Department. Subsequent Department
                                agreements may not be executed if an outstanding operational advance
                                has not been repaid.

                The Department may obtain the Michigan Department of Treasury’s
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                                assistance in collecting outstanding operating advances. The
                                Department will comply with the Michigan Department of Treasury’s
                                Due Process procedures prior to forwarding claims to Treasury. Specific
                                Due Process procedures include the following:
                                a.           An offer from the Department of a hearing to dispute the debt,
                                             identifying the time, place and date of such hearing.
                                b.           A hearing by an impartial official.
                                c.           An opportunity for the Grantee to examine the Department’s
                                             associated records.
                                d.           An opportunity for the Grantee to present evidence in person or
                                             in writing.
                                e.           A hearing official with full authority to correct errors and decide
                                             not to forward debt to Treasury.
                                f.           Grantee representation by an attorney and presentation of
                                             witnesses if necessary.
                      5.        If the Grantee has a recurring agreement with the Department, the
                                Department requires an annual confirmation of the outstanding
                                operating advance. At the end of either the Agreement period or
                                Department’s fiscal year, whichever is first, the Grantee must respond to
                                the Department’s request for confirmation of the operating advance.
                                Failure to respond to the confirmation request may result in the
                                Department recovering all or part of an outstanding operating advance.
          B.          Reimbursement Method
                      The Grantee will be paid for allowable expenditures incurred by the Grantee,
                      submitted for reimbursement on the Financial Status Reports (FSRs) and
                      approved by the Department. Reimbursement from the Department is based
                      on the understanding that Department funds will be paid up to the total
                      Department allocation as agreed to in the approved budget. Department funds
                      are the first source after the application of fees and earmarked sources unless
                      a specific local match condition exists.
          C.          Financial Status Report Submission
                       The Grantee must electronically prepare and submit FSRs to the Department
                       via the EGrAMS website http://egrams-mi.com/mdhhs.

                       FSRs must be submitted on a monthly basis, no later than 30 days after the
                       close of each calendar month. The monthly FSRs must reflect total actual
                       program expenditures, up to the total agreement amount. Failure to meet
                       financial reporting responsibilities as identified in this Agreement may result in
                       withholding future payments.
           The Grantee representative who submits the FSR is certifying to the best of
           their knowledge and belief that the report is true, complete and accurate and
           the expenditures, disbursements and cash receipts are for the purposes and
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                      objectives set forth in the terms and conditions of this Agreement. The
                      individual submitting the FSR should be aware that any false, fictitious or
                      fraudulent information, or the omission of any material facts, may subject them
                      to criminal, civil or administrative penalties for fraud, false statements, false
                      claims or otherwise.
                       The instructions for completing the FSR form are available on the EGrAMS
                       website http://egrams-mi.com/mdhhs. Send FSR questions to
                       [email protected].
          D.          Reimbursement Mechanism
                       All Grantees must register using the on-line vendor self-service site to receive
                       all state of Michigan payments as Electronic Funds Transfers (EFT)/Direct
                       Deposits, as mandated by MCL 18.1283a. Vendor registration information is
                       available through the Department of Technology, Management and Budget’s
                       web site: https://www.michigan.gov/sigmavss.
          E.          Final Obligations and Financial Status Reporting Requirements
                      1.        Obligation Report
                                The Obligation Report, based on annual guidelines, must be submitted
                                by the due date established by and using the format provided by the
                                Department’s Expenditures Operations Division. The Grantee must
                                provide an estimate of unbilled expenditures for the entire Agreement
                                period. The information on the report will be used to record the
                                Department’s year-end accounts payable and receivable for this
                                Agreement.
                      2.        Department-wide Payment Suspension
                                A temporary payment suspension is in effect on agreements during the
                                Department’s year-end closing period. The Department will notify the
                                Grantee of the date by which FSRs should be submitted to ensure
                                payment prior to the payment suspension period.
                      3.        Final FSRs
                                 Final FSRs are due 30 days following the end of the Agreement period.
                                 The final FSR must be clearly marked “Final." Final FSRs not received
                                 by the due date may result in the loss of funding requested on the
                                 Obligation Report and may result in a potential reduction in a
                                 subsequent year's Agreement amount.
          F.          Unobligated Funds
                      Any unobligated balance of funds held by the Grantee at the end of the
                      Agreement period will be returned to the Department within 30 days of the end
                      of the Agreement or treated in accordance with instructions provided by the
                      Department.


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          G.          Indirect Costs
                      The Grantee may use an approved federal or state indirect rate in their budget
                      calculations and financial status reporting. If the Grantee does not have an
                      existing approved federal or state indirect rate, they may use a 10% de
                      minimis rate in accordance with 2 CFR 200 to recover their indirect costs.
                      Governmental Grantees with an existing cost allocation plan may budget
                      accordingly in lieu of an indirect cost rate. Non-governmental Grantees may
                      use a cost allocation plan only if the plan was in place prior to December 26,
                      2014.
V.        Agreement Termination
          This Agreement may be terminated without further liability or penalty to the
          Department for any of the following reasons:
          A.          By either party by giving 30 days written notice to the other party stating the
                      reasons for termination and the effective date.
          B.          By either party with 30 days written notice upon the failure of either party to
                      carry out the terms and conditions of this Agreement, provided the alleged
                      defaulting party is given notice of the alleged breach and fails to cure the
                      default within the 30-day period.
          C.          Immediately if the Grantee or an official of the Grantee or an owner is
                      convicted of any activity referenced in Part 2 Section III. D. of this Agreement
                      during the term of this Agreement or any extension thereof.
VI.       Stop Work Order
          The Department may suspend any or all activities under this Agreement at any time.
          The Department will provide the Grantee with a written stop work order detailing the
          suspension. Grantee must comply with the stop work order upon receipt. The
          Department will not pay for activities, Grantee’s incurred expenses or financial losses,
          or any additional compensation during a stop work period.
VII.      Final Reporting Upon Termination
          Should this Agreement be terminated by either party, within 30 days after the
          termination, the Grantee must provide the Department with all financial, performance
          and other reports required as a condition of this Agreement. The Department will
          make payments to the Grantee for allowable reimbursable costs not covered by
          previous payments or other state or federal programs. The Grantee must immediately
          refund to the Department any funds not authorized for use and any payments or funds
          advanced to the Grantee in excess of allowable reimbursable expenditures.
VIII.     Severability
          If any part of this Agreement is held invalid or unenforceable by any court of
          competent jurisdiction, that part will be deemed deleted from this Agreement and the
          severed part will be replaced by agreed upon language that achieves the same or
          similar objectives. The remaining parts of the Agreement will continue in full force and
          effect.
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IX.       Waiver
          Failure by the Department to enforce any provision of this Agreement will not
          constitute a waiver of the Department’s right to enforce any other provision of this
          Agreement.
X.        Amendments
          Any changes to this Agreement will be valid only if made in writing and executed by all
          parties through an amendment to this Agreement. Any change proposed by the
          Grantee which would affect the Department funding of any project must be submitted
          in writing to the Department immediately upon determining the need for such change.
          The Department has sole discretion to approve or deny the amendment request. The
          Grantee must, upon request of the Department and receipt of a proposed amendment,
          amend this Agreement.
XI.       Liability
          The Grantee assumes all liability to third parties, loss, or damage because of claims,
          demands, costs, or judgments arising out of activities, such as but not limited to direct
          activity delivery, to be carried out by the Grantee in the performance of this
          Agreement, under the following conditions:
          A.          The liability, loss, or damage is caused by, or arises out of, the actions of or
                      failure to act on the part of the Grantee, any of its subcontractors, or anyone
                      directly or indirectly employed by the Grantee.
          B.          Nothing herein will be construed as a waiver of any governmental immunity
                      that has been provided to the Grantee or its employees by statute or court
                      decisions.
          The Department is not liable for consequential, incidental, indirect or special damages,
          regardless of the nature of the action.
XII.      State of Michigan Agreement
          This Agreement is governed, construed, and enforced in accordance with Michigan
          law, excluding choice-of-law principles, and all claims relating to or arising out of this
          Agreement are governed by Michigan law, excluding choice-of-law principles. Any
          dispute arising from this Agreement must be resolved in the Michigan Court of Claims.
          Complaints against the State must be initiated in Ingham County, Michigan. Grantee
          waives any objections, such as lack of personal jurisdiction or forum non conveniens.
          Grantee must appoint an agent in Michigan to receive service of process.




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          A           Attachment A - Statement of Work

       Objective :                                  Continued Operation of the Muskegon Justice for Women Task Force
           Activity :                               Assign personnel, equipment, and facility
           Responsible Staff :                      Director of Public Safety
           Date Range :                             10/01/2022 - 09/30/2023
           Expected Outcome :                       Assignment of two detectives to the STOP Grant Muskegon Justice for
                                                    Women Task Force - Expected 100% each quarter
                                                    Issuance of job-related equipment - Expected 100% each quarter
                                                    Central facility to operate - Expected 100% each quarter
               Measurement :                        Personnel assignment (2 detectives assigned equals 100%).
                                                    Equipment issued (combined gear to perform duties, e.g., MCT, cell
                                                    phone, vehicle equals 100%)
                                                    Central Facility (a location, where the entire STOP grant task force can
                                                    work, equals 100%)

       Objective :                                  Vertical Investigation / Prosecution
           Activity :                               Detectives will manage assigned cases from initial assignment through
                                                    final court disposition
               Responsible Staff :                  Detective Bureau Sergeant
               Date Range :                         10/01/2022 - 09/30/2023
               Expected Outcome :                   Increase percentage of CSC cases resulting in a charge being issued
                                                    from 19% to 24%
                                                    Increase percentage of DV cases resulting in a charge being issued
                                                    from 58% to 63%
                                                    Maintain 80% vertical investigation and prosecution rate
               Measurement :                        Measurement for the first two expected outcomes will be a simple
                                                    comparison of the number of (x) resulting in charges out of the possible
                                                    (y)
                                                    The third measurement will be the percentage of cases assigned to the
                                                    STOP Grant Detectives

       Objective :                                  Coordinate with human service organizations
           Activity :                               Work with local human service organizations to provide trauma-
                                                    informed care
               Responsible Staff :                  STOP Grant Detectives
               Date Range :                         10/01/2022 - 09/30/2023
               Expected Outcome :                   Percentage of CSC cases where The Muskegon Sexual Assault
                                                    Response Team is utilized, expected 100%
                                                    Percentage of MSART general board meeting attended by STOP Grant
                                                    Detective or designee, expected 100%
                                                    Percentage of assigned complaints where a victim service advocate is
                                                    utilized, expected 100%
               Measurement :                        This is a simple comparison of (x) results out of the potential (y)
                                                    opportunities for each expected outcome.




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          B1          Attachment B1 - Program Budget Summary

PROGRAM                                                                   DATE PREPARED
STOP Violence Against Women Grant - 2023                                  8/15/2022
CONTRACTOR NAME                                                           BUDGET PERIOD
City of Muskegon                                                          From : 10/1/2022           To : 9/30/2023

MAILING ADDRESS (Number and Street)                                       BUDGET AGREEMENT                              AMENDMENT #
933 Terrace St                                                              Original   Amendment                        0

CITY                                 STATE             ZIP CODE           FEDERAL ID NUMBER
Muskegon                             MI                49440-1348         38-6004522

        Category                                                     Total               Amount                   Cash            Inkind

 DIRECT EXPENSES

 Program Expenses

   1    Salary and Wages                                      166,785.00             125,088.00              41,697.00                0.00

   2    Fringe Benefits                                         98,227.00              73,671.00             24,556.00                0.00

   3    Employee Travel and Training                                  0.00                    0.00                    0.00            0.00

   4    Supplies and Materials                                   3,000.00               2,250.00                750.00                0.00

   5    Subawards - Subrecipient Services                             0.00                    0.00                    0.00            0.00

   6    Contractual - Professional Services                           0.00                    0.00                    0.00            0.00

   7    Communications                                                0.00                    0.00                    0.00            0.00

   8    Grantee Rent Costs                                            0.00                    0.00                    0.00            0.00

   9    Space Costs                                                   0.00                    0.00                    0.00            0.00

  10    Capital Expenditures - Equipment &                            0.00                    0.00                    0.00            0.00
        Other

  11    Client Assistance - Rent                                      0.00                    0.00                    0.00            0.00

  12    Client Assistance - All Other                           14,500.00              10,875.00               3,625.00               0.00

  13    Other Expenses                                                0.00                    0.00                    0.00            0.00

  14    Volunteer Salary and Wages                                    0.00                    0.00                    0.00            0.00

  15    Volunteer Fringe Benefits                                     0.00                    0.00                    0.00            0.00

  16    Volunteer Training                                            0.00                    0.00                    0.00            0.00

 Total Program Expenses                                       282,512.00             211,884.00              70,628.00                0.00

 TOTAL DIRECT EXPENSES                                        282,512.00             211,884.00              70,628.00                0.00

 INDIRECT EXPENSES

 Indirect Costs

   1    Indirect Costs                                                0.00                    0.00                    0.00            0.00

   2    Cost Allocation Plan (CAP)                                    0.00                    0.00                    0.00            0.00

 Total Indirect Costs                                                 0.00                    0.00                    0.00            0.00
__________________________________________________________________________
Contract # E20231736-00, City of Muskegon, STOP Violence Against Women Grant - 2023, Date: 08/15/2022                          Page: 28 of 34
        Category                                                     Total               Amount             Cash       Inkind

 TOTAL INDIRECT EXPENSES                                              0.00                    0.00           0.00         0.00

 TOTAL EXPENDITURES                                           282,512.00             211,884.00         70,628.00         0.00


SOURCE OF FUNDS

        Category                                                      Total             Amount              Cash       Inkind

   1 Source of Funds

       MDHHS State Agreement                                   211,884.00            211,884.00              0.00         0.00

       Fees and Collections - 1st and 2nd                              0.00                  0.00            0.00         0.00
       Party

       Fees and Collections - 3rd Party                                0.00                  0.00            0.00         0.00

       Local                                                     70,628.00                   0.00       70,628.00         0.00

       Non-MDHHS State Agreements                                      0.00                  0.00            0.00         0.00

       Federal                                                         0.00                  0.00            0.00         0.00

       Other                                                           0.00                  0.00            0.00         0.00

       In-Kind                                                         0.00                  0.00            0.00         0.00

       Volunteer                                                       0.00                  0.00            0.00         0.00

       Federal Cost Based Reimbursement                                0.00                  0.00            0.00         0.00

       Total Source of Funds                                   282,512.00            211,884.00         70,628.00         0.00

       Totals                                                  282,512.00            211,884.00         70,628.00         0.00




__________________________________________________________________________
Contract # E20231736-00, City of Muskegon, STOP Violence Against Women Grant - 2023, Date: 08/15/2022               Page: 29 of 34
          B2          Attachment B2 - Program Budget - Cost Detail Schedule

      Line Item                       Qty            Rate      Units UOM                   Total         Amount         Cash        Inkind

DIRECT EXPENSES

Program Expenses

  1 Salary and Wages

      Case Worker                 1.0000      81643.000        0.000 FTE             81,643.00          61,231.00   20,412.00         0.00

      Case Worker                 1.0000      81643.000        0.000 FTE             81,643.00          61,232.00   20,411.00         0.00

      Program/Project             1.0000        1894.000       0.000 FTE               1,894.00          1,421.00     473.00          0.00
      Manager

      Financial                   1.0000        1605.000       0.000 FTE               1,605.00          1,204.00     401.00          0.00
      Analyst/Specialist

Total for Salary and Wages                                                           166,785.0      125,088.00      41,697.00         0.00
                                                                                               0

  2 Fringe Benefits

      Composite Rate-             0.0000         100.000 38685.0                     38,685.00          29,014.00    9,671.00         0.00
      Case Worker 1                                                00
      Notes : Composite
      Rate contains:
      Medicare, Workers
      Compensation
      Premium, Pension/
      Employer Retire
      Contribution, Life
      Insurance Premium,
      Dental Insurance
      Premium, Health
      Insurance Premium,
      Long-Term Disability
      Premium, State
      Unemployment
      Insurance

      Composite Rate-             0.0000         100.000 58560.0                     58,560.00          43,920.00   14,640.00         0.00
      Case Worker 2                                                00
      Notes : Composite
      Rate contains:
      Medicare, Workers
      Compensation
      Premium, Pension/
      Employer Retire
      Contribution, Life
__________________________________________________________________________
Contract # E20231736-00, City of Muskegon, STOP Violence Against Women Grant - 2023, Date: 08/15/2022                           Page: 30 of 34
      Line Item                       Qty            Rate      Units UOM                   Total        Amount     Cash        Inkind

      Insurance Premium,
      Dental Insurance
      Premium, Health
      Insurance Premium,
      Long-Term Disability
      Premium, State
      Unemployment
      Insurance

      Composite Rate-             0.0000         100.000 626.000                         626.00          470.00   156.00         0.00
      Program/ Project
      Manager
      Notes : Composite
      Rate contains:
      Medicare, Workers
      Compensation
      Premium, Pension/
      Employer Retire
      Contribution, Life
      Insurance Premium,
      Dental Insurance
      Premium, Health
      Insurance Premium,
      Long-Term Disability
      Premium, State
      Unemployment
      Insurance

      Composite Rate-             0.0000         100.000 356.000                         356.00          267.00    89.00         0.00
      Financial Analyst
      Notes : Composite
      Rate contains:
      Medicare, Workers
      Compensation
      Premium, Pension/
      Employer Retire
      Contribution, Life
      Insurance Premium,
      Dental Insurance
      Premium, Health
      Insurance Premium,
      Long-Term Disability
      Premium, State
      Unemployment
__________________________________________________________________________
Contract # E20231736-00, City of Muskegon, STOP Violence Against Women Grant - 2023, Date: 08/15/2022                      Page: 31 of 34
      Line Item                       Qty            Rate      Units UOM                   Total         Amount         Cash        Inkind

      Insurance

Total for Fringe Benefits                                                            98,227.00          73,671.00   24,556.00         0.00

  3 Employee Travel and Training

  4 Supplies and Materials

      Office Supplies             0.0000            0.000      0.000                   3,000.00          2,250.00     750.00          0.00

  5 Subawards - Subrecipient Services

  6 Contractual - Professional Services

  7 Communications

  8 Grantee Rent Costs

  9 Space Costs

10 Capital Expenditures - Equipment & Other

11 Client Assistance - Rent

12 Client Assistance - All Other

      Transportation (taxi,       0.0000            0.000      0.000                   3,000.00          2,250.00     750.00          0.00
      rideshare)

      Safety Costs                0.0000            0.000      0.000                   7,500.00          5,625.00    1,875.00         0.00
      Notes : Safety
      Related Items for
      Victims – Extension
      cords for security
      cameras that the
      prosecutor provides,
      door replacement,
      door locks, window
      alarms, etc.

      Emergency Phone             0.0000            0.000      0.000                   4,000.00          3,000.00    1,000.00         0.00
      and Food for Victims

Total for Client Assistance - All Other                                              14,500.00          10,875.00    3,625.00         0.00

13 Other Expenses

14 Volunteer Salary and Wages

15 Volunteer Fringe Benefits

16 Volunteer Training

Total Program Expenses                                                               282,512.0      211,884.00      70,628.00         0.00
                                                                                               0

TOTAL DIRECT EXPENSES                                                                282,512.0      211,884.00      70,628.00         0.00
__________________________________________________________________________
Contract # E20231736-00, City of Muskegon, STOP Violence Against Women Grant - 2023, Date: 08/15/2022                           Page: 32 of 34
      Line Item                       Qty            Rate      Units UOM                   Total        Amount       Cash        Inkind

                                                                                               0

INDIRECT EXPENSES

Indirect Costs

  1 Indirect Costs

  2 Cost Allocation Plan (CAP)

Total Indirect Costs                                                                        0.00          0.00        0.00         0.00

TOTAL INDIRECT EXPENSES                                                                     0.00          0.00        0.00         0.00

TOTAL EXPENDITURES                                                                   282,512.0      211,884.00   70,628.00         0.00
                                                                                               0




__________________________________________________________________________
Contract # E20231736-00, City of Muskegon, STOP Violence Against Women Grant - 2023, Date: 08/15/2022                        Page: 33 of 34
          B3          Attachment B3 - Equipment Inventory Schedule
                      Attachment B3 - Equipment Inventory Schedule

          C           Attachment C - Performance Report Requirements
                      Attachment C - Performance/Progress Report Requirements

          E           Attachment E - Program Requirements
                      Attachment E - Program Specific Requirements




__________________________________________________________________________
Contract # E20231736-00, City of Muskegon, STOP Violence Against Women Grant - 2023, Date: 08/15/2022   Page: 34 of 34
STOPL and STOPC Grant
                                                                                         Attachment E

                          Division of Victim Services Grant Programs
                                      STOPL/STOPC Grant

                             PROGRAM SPECIFIC REQUIREMENTS
                                         2023



NOTE: *Please reference the DVS Grantee Guidelines for additional information.
A. Expectation of Inclusion
The Grantee understands, acknowledges, and respects the uniqueness of individuals and families
served. Services and supports offered shall respect the differing realities, values, and beliefs of
victims/survivors with a consistent promotion of non-violent inclusionary practices. The Grantee
shall utilize intervention strategies and supports that will honor and respect the individual cultures,
needs, and identities of victims/survivors and their loved ones (including linguistic, geographic,
religious, economic, ethnic, racial, developmental, disability, sexual orientation, and gender
identity) in a safe, inclusive, and welcoming environment.

B. Client Records – (STOPL and STOPC grantees exempt)
For each eligible client served under this Agreement, the Grantee shall maintain client case records
including significant contacts with the victim/survivor and significant events including at a
minimum: *

   1. Documentation of services eligibility.
   2. Reason victim/survivor is seeking assistance.
   3. Demographic information when available (e.g., age, gender, etc.)
   4. Date/times of contacts and services provided.
   5. Units/length of service provided.
   6. Options presented/services explained, information/referrals provided, and safety
      planning.
   7. Method of service delivery (e.g., in person, phone, videoconference).
   8. Other material related to this Agreement as may be specified by Michigan Department of
      Health and Human Services (MDHHS)-DVS.


C. Credentials
The Grantee shall assure that appropriately credentialed or trained staff/volunteers under its
control, including Grantee employees, volunteers and/or subgrantees, shall perform functions
under this Agreement.
The Grantee shall assure that staff, including those who are credentialed and/or licensed,
performing functions under this Agreement be specifically trained to provide services to the target
population. Training should include at a minimum:
STOPL and STOPC Grant
                                                                                      Attachment E

   1. The Grantee shall follow acceptable practices for, and document, the orientation,
      development and basic introductory training of staff and volunteers. Training content
      must be compatible with the Division of Victim Services (DVS) philosophy and be
      provided to those individuals providing services under this Agreement. The DVS
      philosophy can be found in the DVS Grantee Guidelines.


   2. New staff must be fully trained before providing services.


   3. All DVS-funded grant administrators and/or identified Civil Rights Officer must complete
      the required training on federal civil rights laws and non-discrimination provisions of DOJ
      implementing regulations once per grant period.


   4. Grantee shall provide, and document, in-service training opportunities for staff on an on-
      going basis (including clinical supervision and peer review, if appropriate).


   5. The Grantee shall ensure that all staff providing services under this Agreement be
      specifically trained in the crime victim area to be served under this Agreement as defined
      in Attachment E. See Grantee Guidelines for training requirements.


D. Program Administration and Service Delivery
The Grantee shall provide programming designed to comply with the following expectations.

   1. All services provided in this contract shall be:
      a. Provided free of charge.
      b. Voluntary. Participation in services cannot be required or conditional for
           future/other services
      c. Client-centered, non-judgmental, culturally responsive, inclusive.
      d. Empowering to individuals served.
      e. And compatible with the DVS Guiding Statement


   2. DVS grantees must adhere to the DVS Grantee Guidelines.


   3. The Grantee shall notify the MDHHS-DVS, in writing, of organizational changes. *


   4. DVS-funded organizations, with the exception of Federally recognized Tribes, must report
      any conflicts or potential conflicts of interest to DVS. *


   5. The Grantee shall provide administrative oversight according to the following guidelines:
STOPL and STOPC Grant
                                                                                      Attachment E

       a. Assume full responsibility for the day-to-day management of the organization.
       b. The administration of staff and volunteers is conducted in accordance with applicable
          professional, ethical, and legal principles.
       c. Funding expended as a part of this grant must be accounted for and tracked
          separately from other funding used to support the Grantee and Grantee activities. *


   6. Annual health and safety inspections are required at every location in which DVS-funded
      client services are physically being provided. Public/Governmental buildings where
      shelter/residential services are not provided do not need a separate inspection Grantees
      must maintain a record of inspections for locations where an inspection is required. *


   7. Service(s) may be subcontracted, with approval, if the Grantee can demonstrate that this
      would lead to a more effective method of service delivery for clients.


   8. The Grantee shall ensure that policies/procedures are in place as outlined in the FY 2023
      DVS Grantee Guidelines. Annual certification is required. *


   9. Fiscal Accountability*
      a. Ensure that all income generated as a direct result of service provided in this
          Agreement shall be accounted for and must be used for the purposes and under the
          conditions of this Agreement.
      b. Grantee may not require any employee or contractor to sign an internal confidentiality
          agreement or statement that prohibits or otherwise restricts or purports to prohibit or
          restrict the reporting in accordance with law) of waste, fraud, or abuse to an
          investigative or law enforcement representative of a federal department or agency
          authorized to receive such information.
      c. It is the Grantee’s responsibility to ensure budgeted expenses comply with Federal
          regulations, the terms of the agreement, and other policy impacting the allowability
          of expenses, and have documented prior approval, as needed, when the budget is
          submitted for review. It is the Grantee’s responsibility to ensure budgeted expenses
          comply with Federal regulations, the terms of the agreement, and other policy
          impacting the allowability of expenses, and have documented prior approval, as
          needed, when the budget is submitted for review.
      d. Grant funds may be used only for the purpose in the Grantee’s approve application.
          The Grantee shall not undertake any work or activities that are not described in the
          grant application and that use staff, equipment, or other goods or services paid for with
          grant funds without prior written approval from MDHHS.
STOPL and STOPC Grant
                                                                                       Attachment E

        e.  Grantee shall comply with the following regarding agreement and/or budget
            modifications.
            1. Changes made to the scope of the approved project, without prior written
                approval from MDHHS, will not be funded as part of the project.
            2. A deviation allowance modifying an established budget category between $1,501
                -$9,999 or 5%, whichever is greater, is allowable only with written approval of the
                MDHHS-DVS. This deviation allowance does not authorize new categories,
                subcontracts, equipment items or positions not shown in the attached Program
                Budget Summary and supporting detail schedules.
            3. Deviation Allowance as defined in the DHHS grant boilerplate.
   f.   Grantee’s accounting system must maintain a clear audit trail for each source of funding
        for each fiscal budget period and include the following:
            1. Separate accountability of receipts, expenditures, disbursements and balances.
                MDHHS recommends creating an account in the accounting system for each grant
                using the grant number provided by MDHHS.
            2. Itemized records supporting all grant receipts, expenditures, and match
                contributions in sufficient detail to show exact nature of activity
            3. Data and information for each expenditure and match contribution with proper
                reference to a supporting voucher or bill properly approved.
            4. After the fact timesheets describing work activity, signed by the employee and
                supervisor, to document time personnel worked on grant related activities per 2
                C.F.R. § 200.430. Match hours must be documented in the same manner.
                Examples of items that may support salaries and wages can include timesheets,
                time and effort reports, or activity reports that have been certified by the
                employee and approved by a supervisor with firsthand knowledge of the work
                performed. Payroll records should also reflect either after the fact distribution of
                actual activities or certifications of employee’s actual work performed. *
            5. Maintenance of payroll authorizations and vouchers.
            6. Maintenance of records supporting charges for fringe benefits.
            7. Maintenance of inventory records for equipment purchased, rented, and
                donated.
            8. Maintenance of billing records for consumable supplies (i.e., paper, printing)
                purchased.
            9. Provisions for payment by check.
            10. Maintenance of travel records (i.e., mileage logs, gas receipts).
            11. Lease agreements, contracted services, and equipment purchases that adhere to
                established procurement processes.
            12. Cash from grant funds may not be given directly to service participants.
            13. The Grantee shall not exceed a consultant rate of $650 per day or $81.25 per
                hour.
STOPL and STOPC Grant
                                                                                        Attachment E

   g. Misuse of award funds may result in a range of penalties, including suspension of current
      and future funds, suspension or debarment from federal grants, recoupment of monies
      provided under this award, and civil and/or criminal penalties. Although a Grantee’s
      budget is approved reported expenses are subject to audit and must comply with Federal
      regulations, the terms of the agreement, and other policy impacting the allowability of
      expenses. Certain expenses may require prior approval, which should be in writing from
      MDHHS.
   h. It is the Grantee’s responsibility to ensure budgeted expenses comply with Federal
      regulations, the terms of the agreement, and other policy impacting the allowability of
      expenses, and have documented prior approval, as needed, when the budget is
      submitted for review.
   i. The Grantee shall not purchase promotional items for distribution or fundraising using
      contract funds. *


E. Criminal Background Check Written Policy


The Grantee must have a written policy describing the criteria on which its determinations to hire
shall be made in the event of positive background check findings and must document the basis for
each determination.


F. Inclusivity of Services
This Agreement is subject to the following terms and conditions:
   1. The Grantee may not exclude, deny benefits to, or discriminate against any person on the
      basis of actual or perceived race, color, religion, national origin, sex, disability, sexual
      orientation or gender identity in any program or activity funded in whole or in part with
      funds made available under this grant.


   2. The Grantee will take reasonable steps to provide services and information in
      appropriate languages, other than English, to ensure that persons with limited English
      proficiency are effectively informed and can effectively participate in and benefit from its
      programs, services, and activities.


   3. Program facilities must allow for full participation of clients with a variety of special
      needs.


   4. The organization recruits a diverse staff that is reflective of the community, clients
      served, and geographic area in which the organization is located.
STOPL and STOPC Grant
                                                                                        Attachment E



G. Audit Requirements
The following provision is added to Part 2, General Provisions, I. Responsibilities – Grantee, Section
G, Audits.

Financial Review

Grantees with annual agency/organization budget of $300,000 in the fiscal year or less must
submit to the Department of Health and Human Services a Financial Review prepared in
accordance with Statement on Standards for Accounting and Review Services promulgated by the
Accounting and Review Services Committee of the AICPA.


Financial Audit and Agreed Upon Procedures


Grantees with an annual agency/organization budget of more than $300,000 in the fiscal,
regardless of funding source, but that do not meet the threshold for a single audit, must submit
to MDHHS a Financial Audit prepared in accordance with Generally Accepted Auditing Standards.


In addition, the auditor will perform agreed upon procedures related to the audit report. The
auditor will select a sample of expenditures from the Salary, Supply and Miscellaneous line items,
and any other major costs charged to the DVS-funded grant(s).


Auditors shall test the allowability of these selected costs in accordance with the criteria stated in
the DVS contract and approved budget to determine if charges were allowable to the DVS-funded
program.


The agreed upon procedures report will disclose the total amount of costs tested and itemize all
costs by grant type charged to the DVS-funded grants that do not meet the definition of allowable
costs. Both the type of cost and the amount of cost must be reported.


The agreed upon procedures will accompany the audit report with the same agreed upon due
dates.


Financial Review and/or Financial Audit materials must be submitted annually within 180 days
after the end of the Grantees’ fiscal year.
STOPL and STOPC Grant
                                                                                       Attachment E

Agency responsibility for Review, Audit and Agreed Upon Procedures
When submitting a Financial Review, or Financial Audit and Agreed Upon Procedures, Grantees
must also submit a corrective action plan for any review or audit findings that may negatively
impact MDHHS-funded programs including, but not limited to, fraud, going concern uncertainties,
financial statement misstatements, and violations of contract and grant provisions.


H. Client Confidentiality
The Grantee shall maintain client confidentiality consistent with 28 CFR § 95.115 (VOCA); 34 USC
§ 12291(b)(2) (VAWA); 42 USC § 10401 (FVPSA) at all times by restricting the use or disclosure of
information concerning service and/or service participants, informing victims/survivors of any
requests for information, and before releasing any information requiring a signed, voluntary, time-
limited, written client consent that includes a statement informing individuals that opting not to
sign the release does not prohibit or restrict their access to services. Confidentiality Provision
refers to 28 CFR § 95.115 (VOCA); 34 USC § 12291(b)(2) (VAWA); 42 USC § 10401 (FVPSA).

Law enforcement and prosecution grantees must adopt policies and practices that protect victim
privacy to the extent allowable. However, the confidentiality provisions found in 28 CFR § 95.115
(VOCA); 34 USC § 12291(b)(2) (VAWA); 42 USC § 10401 (FVPSA) do not apply to grantees engaged
in prosecution or investigative activities or traditional victim witness assistance at police
departments and prosecutor’s offices.
I. Assisting victims with applying for compensation benefits
DVS grantees must provide assistance to potential recipients of crime victim compensation
benefits (including potential recipients who are victims of federal crime) in applying for such
benefits. *


J. General Terms and Conditions
Grantees must comply with the applicable federal Special Conditions. The special conditions
reference the recipient or any subrecipient. The recipient is the State of Michigan. Subrecipients
include grantees and any organization for which the grantee has subcontracted funding for
program implementation. DHHS grant agreements, found in Egrams, identify the funding
supporting each agreement. To identify the Special Conditions that apply to your DVS grant you
must know the federal grant name and applicable grant year. If you are unsure which federal grant,
grant year and/or conditions apply to your award, the information can be found in Egrams in your
grant award, or you may contact your grant analyst.

K. Special Conditions
   1. The conditions of this award are material requirements of the award. Compliance with
      any certifications or assurances submitted by or on behalf of the recipient that relate to
      conduct during the period of performance also is a material requirement of this award.
STOPL and STOPC Grant
                                                                                       Attachment E

     2. Failure to comply with any one or more of these award requirements -- whether a
        condition set out in full below, a condition incorporated by reference below, or a
        certification or assurance related to conduct during the award period -- may result in the
        withholding of award funds, disallowed costs, or suspension or termination of the award.
        OVW/OJP also may take other legal action as appropriate.
     3. By acceptance of this award grantees agree to follow the applicable set(s) of terms and
                 conditions that are available at michigan.gov/crimevictim/termsandconditions.




L.   Grant Specific Requirements

     1. Grantees must maintain documentation that cases are allowable under grant and
        consistent with proposed grantee project. Cases must be limited to domestic violence,
        dating violence, sexual assault, and stalking as defined:
            a. Domestic Violence – includes felony or misdemeanor crimes committed by a
               current or former spouse or intimate partner of the victim, by a person with whom
               the victim shares a child in common, by a person who is cohabitating with or has
               cohabitated with the victim as a spouse or intimate partner, by a person similarly
               situated to a spouse of the victim under the domestic or family violence laws of the
               jurisdiction receiving grant monies.

            b. Dating violence – means violence committed by a person who is or has been in a
               social relationship of a romantic or intimate nature with the victim; and where the
               existence of such a relationship shall be determined based on a consideration of
               the following factors:

                (i)     the length of the relationship.
                (ii)    the type of relationship; and

                (iii)   the frequency of interaction between the persons involved in the
                        relationship.
            c. Sexual assault – means any attempted or committed nonconsensual sexual act
               proscribed by Federal, tribal, or State law, including when the victim lacks capacity
               to consent.

            d. Stalking – means engaging in a course of conduct directed at a specific person that
               would cause a reasonable person to (A) fear for his or her safety or the safety of
               others or (B) suffer substantial emotional distress.

     2. Grantees must certify annually that:
STOPL and STOPC Grant
                                                                                         Attachment E

          a. They have fully implemented the use of Track-Kit if proposing a non-tribal law
             enforcement project.

          b. They do not charge a fee for service of Personal Protection Orders (PPO).

   3. All criminal justice projects must engage in trauma-informed victim-centered/offender-focused
      practices. Practices and policies shall:
           a. Prioritize victim/survivor safety,
           b. Provide victims (or surviving family members) with meaningful, safe, and
               authentic options about participation in the criminal justice process,
           c. Take steps to minimize re-traumatizing victims or surviving family members,
           d. Center investigations/prosecutions on the choices and actions of offenders rather
               than victim behavior and choices,
           e. Recognize that many domestic violence and sexual assault offenders are serial
               offenders and may have multiple victims, and
           f. Embrace a multi-disciplinary approach to victim response.

   4. Unallowable activities include:

          a. Investigation or prosecution of child abuse or child sexual abuse.
          b. Prevention education programs and crime prevention activities.
          c. Couples counseling, family counseling or any other manner of joint victim-offender
             counseling as a routine or required response to sexual assault, domestic violence, dating
             violence or stalking, or in situations in which child sexual abuse is alleged.
                  i. Offering or ordering anger management programs for offenders as a substitute
                     for batterers intervention programs.
          d. Research
          e. The following activities/ projects are unallowable for non-tribal applicants:
                   i. The development of major training curricula for law enforcement or
                      prosecution, except when that training/curriculum is incidentally necessary
                      to implement a policy or protocol developed or updated with grant funds
                  ii. Projects to identify and conduct inventories of untested and backlogged
                      sexual assault evidence kits
                  iii. Projects solely or primarily addressing the investigation or prosecution of
                       cold domestic violence or cold sexual assault cases.
                  iv. Batterer intervention programs
                  v. Restorative justice initiatives

   5. Unallowable Expenses*
STOPL and STOPC Grant
                                                                                      Attachment E

               a. Salaries and fringe benefits of grant writers or other staff who do not directly
                  contribute to the implementation of the program
               b. Physical modifications to buildings, including minor renovations (such as
                  painting or carpeting); and construction.
               c. Purchase of real property
               d. Service of Personal Protection Orders (PPO)
               e. Law enforcement equipment, including uniforms, safety vests, shields,
                  weapons, bullets, and armory. Vehicles, including law enforcement vehicles
                  (vehicles cannot be used as match), vessels or aircraft; unmanned aerial
                  vehicles/unmanned aircraft, aircraft system, or aerial vehicles
               f. Property loss
               g. Funding for buy-back and/or confidential informant purposes
               h. Food/beverages costs for any meeting, training, conference or any event
                  including bar charges/alcoholic beverages
               i. Costs incurred outside the project period
               j. Cash to clients
               k. Lobbying
               l. Credit card fees
               m. Entertainment costs
               n. Fines and penalties
               o. Fundraising
               p. Immigration fees
               q. Tips and gratuities
               r. State and local sales taxes
               s. Trinkets (items such as hats, mugs, portfolios, t-shirts, coins, gift bags, etc.)
               t. Administrative costs, however, up to 5% of an administrative staff person’s
                  salary may be charged for reporting purposes
               u. Media campaigns
               v. Development of written materials

   6. Direct service staff shall be provided initial and ongoing training

        Participate in MDHHS-DVS designated training and or technical assistance provided free of
        charge by the Prosecuting Attorney’s Association of Michigan (PAAM) and/or the Michigan
        Commission on Law Enforcement Standards (MCOLES) and must budget for staff travel for at
        least 3 days of off-site training.



   A. Project Coordination
     One of the fundamental purposes of VAWA is to give an equal voice to victim advocates in
     establishing the priorities for funding within a state. Not all victims of violence against
     women seek help from the criminal justice system; many instead turn to shelters, rape
STOPL and STOPC Grant
                                                                                           Attachment E

        crisis centers, and other programs for assistance. As a result, meaningful collaboration,
        defined in an up to date, signed Memorandum of Understanding with the
        community/tribal based domestic violence and/or sexual assault program in the geographic
        services area is required.




   I.       Match Requirements



        Matching contributions of 25% (cash or in-kind) of the total cost of the project (STOP grant
        award amount plus local match) are required from non-tribal applicants. Tribes are exempt
        from the match requirement. See the chart below to calculate required match amount.
        Match must meet the following criteria:

        • Be derived from non-federal sources.
        • Follow the same requirements and restrictions as funds allocated under the STOP Grant
          and must be documented in financial and programmatic reports.
        • Be equivalent or less than fair market value if using in-kind match.
        • Be directly related to the project goals and objectives.
        • Be clearly documented showing the source, amount and timing.

        Calculate Match Formula:

        •    Step 1 Grant Request Amount ÷ % of Federal Share = Total (Adjusted Project Cost).
        •    Step 2 Total (Adjusted) Project Cost x % of Recipient’s Share = Required Match.




        Examples of allowable match expenses:

        •    Office space and utilities for the project
        •    Supervision and project consultation
        •    Additional officer time related to project if not paid with federal funding
        •    Office supplies
                         Agenda Item Review Form
                          Muskegon City Commission

Commission Meeting Date: 08/23/22                                    Title: Amendment to the
                                                                     zoning ordinance – minimum
                                                                     housing unit sizes

Submitted By: Mike Franzak                                           Department: Planning

Brief Summary: Staff-initiated request to amend section 2319 of the zoning ordinance to reduce
the minimum size requirements for one and two family dwelling units from 850 sf of living area to
550 sf (total) and to also change the minimum size requirements for more than two dwelling units
(multi-family) from 650 sf of living area to 375 sf (total).



Detailed Summary & Background:
The Planning Commission will hold a public hearing regarding the case on August 11.



Goal/Focus Area/Action Item Addressed:
Goal 2: Economic Development, Housing, and Business/Diverse Housing Types/2.3 Increase
Variety of Housing Types/2.4 Develop Subsidies to Improve Housing Affordability

Amount Requested:                                   Amount Budgeted:



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

Recommended Motion: To approve the request to amend section 2319 of the zoning ordinance to
reduce the minimum size requirements for single-family houses, rowhomes, duplexes, and small
multiplexes (up to 6 units) from 850 sf of living area to 550 sf (total) and to also change the
minimum size requirements for large multiplexes (6 units and above) and mixed-use buildings from
650 sf of living area to 375 sf (total).



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:


                                    Planning Commission Excerpt

Hearing, Case 2022-22: Staff-initiated request to amend section 2319 of the zoning ordinance to reduce the
minimum size requirements for single-family houses, rowhomes, duplexes and small multiplexes (up to 6
units) from 850 sf of living area to 550 sf (total) and to also change the minimum size requirements for large
multiplexes (6 units and above) and mixed-use buildings from 650 sf of living area to 375 sf (total).

SUMMARY

   1. In an effort to address housing affordability and to provide residents with a wide range of housing
      choices, staff is proposing to reduce the minimum housing size requirements listed in the Residential
      Design Criteria section of the zoning ordinance.
   2. Currently, single-family houses and duplexes are required to have a minimum living area (excluding
      all basement area) of 850 sqft for a one bedroom dwelling. For each bedroom thereafter, an additional
      100 sqft of living space is required.
   3. Living area is defined in the zoning ordinance as the area in a dwelling unit included in the
      determination of occupancy restrictions. It includes the sum of floor areas of bedrooms, and common
      living areas. The floor area of storage areas and closet, basements without a second egress, attached
      garages, breezeways, and enclosed and unenclosed porches shall be excluded.
   4. Staff is proposing to reduce the minimum size of single-family houses, rowhomes, duplexes and small
      multiplexes (up to 6 units) to 550 sqft total (excluding all basement area) per unit, measured by the
      outside dimensions of the building, not by using the “living area” definition in the zoning ordinance.
      There would also be a stipulation that structures under the current minimum size of 850 sqft, which are
      to be placed on large lots, must be placed on the property in a way as to leave room for a potential lot
      split, if the property is large enough to split under its zoning designation regulations.
   5. Staff is proposing to reduce the minimum size of apartment units in large multiplexes (6 units and
      above) and mixed-use buildings from 650 sqft of living space to 375 sqft total. The current size
      requirements are too large for developers to be able to provide traditional studio apartments.
   6. Staff is only proposing the reduction in these minimum size requirements and to keep the rest of the
      residential design criteria section the same.

Current ordinance excerpt:

SECTION 2319: [RESIDENTIAL DESIGN CRITERIA]

In the case of a one (1) family or two (2) family dwelling unit which is of standard construction, a mobile
home, a premanufactured, or a precut dwelling structure, and any additions or alterations thereto, erected or
placed in the City of Muskegon, 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. The dwelling unit shall have a minimum living area (excluding all basement area) of eight hundred and
         fifty (850) square feet for a one (1) bedroom dwelling. For each bedroom thereafter, an additional
         100 square feet of living space shall be provided.

In the case of a multi-family (more than 2 units) dwelling structure which is of standard construction, a mobile
home, a premanufactured, or a precut dwelling structure, and any additions or alterations thereto, erected or
placed in the City of Muskegon, 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 (excluding all basement area) of six hundred and
         fifty (650) square feet for a one (1) bedroom unit, of eight hundred and seventy-five (875) square
         feet for a two (2) bedroom unit, and of twelve hundred (1200) square feet for a three (3) bedroom
         unit. For each bedroom thereafter, an additional 100 square feet of living space shall be provided.

   Proposed ordinance:

   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 size of 550 sqft, excluding all basement area.
   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.

   All dwelling units within large multiplexes (6 units and above) and mixed-use buildings 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.
   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.
                                          CITY OF MUSKEGON

                                   MUSKEGON COUNTY, MICHIGAN

                                          ORDINANCE NO._____


An ordinance to amend the section 2319 of the zoning ordinance to reduce the minimum size requirements for
single-family houses, rowhomes, duplexes and small multiplexes (up to 6 units) from 850 sf of living area to
550 sf (total) and to also change the minimum size requirements for large multiplexes (6 units and above) and
mixed-use buildings from 650 sf of living area to 375 sf (total).

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

   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:

   3. Each dwelling unit shall have a minimum size of 550 sqft, excluding all basement area.
   4. 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.

   All dwelling units within large multiplexes (6 units and above) and mixed-use buildings shall conform to
   the following regulations in addition to all other regulations of this Ordinance:

   3. Each dwelling unit shall have a minimum size (excluding all basement area) of 375 sqft.
   4. 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.

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 23rd day of August 2022, 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: ___________________, 2022.            __________________________________________
                                             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 23, 2022, the City Commission of the City of Muskegon adopted an
    ordinance to amend 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 size of 550 sqft, excluding all basement area.
    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.

    All dwelling units within large multiplexes (6 units and above) and mixed-use buildings 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.
    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.


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 ____________________, 2022.                          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: 08/23/22                                    Title: Planned Unit
                                                                     Development at 2033 & 2044
                                                                     Lakeshore Dr

Submitted By: Mike Franzak                                           Department: Planning

Brief Summary: Request for final Planned Unit Development approval for a micro-lodging
development at 2033 and 2043 Lakeshore Dr, by Tiny Diggs Muskegon LLC.



Detailed Summary & Background:
The development consists of 10 micro-lodging rental units at the corner of Lakeshore Dr/Moon St.
The units are 212 sqft in size and will be placed 10 feet apart from each other. Parking will be
located off-site behind Ghezzi’s market. The Planning Commission will hold a public hearing
regarding the case on August 11. Staff has recommended the addition of five canopy trees to be
placed in the terrace along Moon St.



Goal/Focus Area/Action Item Addressed:



Amount Requested:                                    Amount Budgeted:



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

Recommended Motion: To adopt the resolution and approve the final PUD at 2033 and 2043
Lakeshore Dr with the addition of five canopy trees to be located in the terrace along Moon St.



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:
                                   Planning Commission Excerpt

Hearing, Case 2022-21: Request for preliminary and final Planned Unit Development approval for a
micro-lodging development at 2033 and 2043 Lakeshore Dr.

SUMMARY

   1. The properties are zoned FBC-Lakeshore Commercial (2033 Lakeshore Dr) and FBC-Lakeshore
      Mixed Residential (2043 Lakeshore Dr). Both lots measure 60’x 120’ for a total land area of 7,200
      sqft. The property at 2033 Lakeshore Dr is currently vacant and the property at 2043 Lakeshore
      Dr contains a rental house, which will remain.
   2. Please see the enclosed site plan.
   3. The project includes the addition of 10 micro-lodging units and a storage shed. The lodging units
      measure 212 sqft and the shed measures 240 sqft. The lodging units will be constructed off site
      and then be brought on site, where they will be hooked up to electric, water and sewer. They will
      be placed on site in site in phases and it is anticipated that all 10 units will be located on site within
      18 months.
   4. There are no proposed parking spaces on site. The applicant has an agreement with Ghezzi’s
      Market to utilize the extra parking spaces behind their building. It should also be noted that on-
      street parking is not required within the form based code district. There is an existing curb cut at
      2033 Lakeshore Dr that will be replaced with new curbing.
   5. A trash enclosure will be placed off the alley next to the shed.
   6. A landscaping plan was not submitted but the applicant has agreed to place canopy trees in the
      terrace along Moon St. The ground cover will be grass with walking paths.
   7. Notice was sent to all properties within 300 feet. At the time of this writing, staff had received one
      comment from the public. Please see the enclosed letter from Ellen Davis.



                   2033 & 2043 Lakeshore Dr with one micro-lodging unit on site
                                       CITY OF MUSKEGON
                                       RESOLUTION #2022-
          RESOLUTION TO APPROVE THE FINAL PLANNED UNIT DEVELOPMENT FOR
                            2033 & 2043 LAKESHORE DRIVE


WHEREAS, a petition for final Planned Unit Development approval for a micro-lodging development at 2033
and 2043 Lakeshore Dr has been received; and,

WHEREAS, proper notice was given by mail and publication and public hearings were held by the City
Planning Commission and by the City Commission to consider said petition, during which all interested persons
were given an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law;
and.

WHEREAS, the Planning Commission and staff have recommended approval of the Final Planned Unit
Development and associated site plan with the condition that five canopy trees be added in the terrace along
Moon St; and

NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning Commission be
accepted and the final Planned Unit Development is hereby approved with the following condition: that five
canopy trees be added in the terrace along Moon St and an updated landscaping plan is approved by staff;

Adopted this 23rd day of August 2022

       Ayes:

       Nays:

       Absent:

                                              By:
                                                    Ken Johnson
                                                    Mayor

                                              Attest:
                                                        Ann Meisch
                                                        Clerk, City of Muskegon
                                             CERTIFICATE
                                 (Final PUD at 2033 & 2043 Lakeshore Dr)

         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 a resolution adopted by the City
Commission of the City of Muskegon, at a regular meeting of the City Commission on the 23rd day of August,
2022, 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 Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required thereby.

DATED: ___________________, 2022.              _______________________________________
                                               Ann Meisch
                                               Clerk, City of Muskegon

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