Resolution No. 260323-D - Approving Michigan Recreation Passport Grant Program Development Project Agreement

City Council Agenda Item Report FROM:

Ryan Cummins, City Manager

MEETING DATE:

March 23, 2026

SUBJECT:

Resolution Approving the Michigan Recreation Passport Grant Program Development Project Agreement

DESCRIPTION: Refreshing the Village Square Courts is a priority for the current fiscal year. Resurfacing the tennis and basketball courts and development of new use areas are listed projects in the TriCommunity Parks and Recreation Master Plan. To move the work forward, City Council recently approved a concept, a design and construction engineering proposal, and a donation agreement. The City has also been awarded a Recreation Passport Grant in the amount of up to $150,000, representing approximately 58% of the total eligible project cost of $260,000. The required local match of $110,000 is anticipated to be met through a combination of $10,000 in City funds and a $100,000 donation. The Michigan Department of Natural Resources (DNR) has submitted a Recreation Passport Grant Program Development Project Agreement for approval. The attached agreement outlines the terms and conditions of the grant, including: • A reimbursement-based funding structure for eligible project costs. • A project completion deadline of March 31, 2028. o We anticipate completing this work this fall or next spring. • Requirements for design, bidding, and construction oversight. • Ongoing obligations to maintain the improvements for public recreational use for a minimum of 20 years. BUDGET ACTION REQUIRED: None at this time. Sufficient dollars were budgeted to begin design engineering. A budget amendment will be upcoming to reflect the grant as revenue.

LEGAL REVIEW: The City Attorney will be at your meeting if you have any questions. SAMPLE MOTION: Motion to approve Resolution No.260323-D - approving the Michigan Recreation Passport Grant Program Development Project Agreement.

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CITY OF SAUGATUCK COUNTY OF ALLEGAN STATE OF MICHIGAN RESOLUTION NO. 260323-D A RESOLUTION APPROVING THE MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT Council Member____________________, offered the following resolution and moved for its adoption, seconded by Council Member____________________: RECITALS WHEREAS, the Michigan Department of Natural Resources has awarded the City of Saugatuck a Recreation Passport Grant for the Village Square Park Improvements Project (Project No. RP25-0073); and WHEREAS, the grant provides funding in an amount not to exceed $150,000, with a required local match of $110,000, anticipated to consist of $10,000 from the City and $100,000 from a private donor; and WHEREAS, the project includes public recreation improvements at Village Square Park and must be completed in accordance with the terms of the grant agreement; and WHEREAS, the City Council finds that acceptance of this grant and completion of the project are in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City of Saugatuck hereby accepts the terms of the Recreation Passport Grant Program Development Project Agreement (“Agreement”) as received from the Michigan Department of Natural Resources (“Department”) for the Village Square Park Improvements Project (Project No. RP25-0073). 2. The City hereby agrees to appropriate all funds necessary to complete the project during the project period, and to provide the One Hundred Ten Thousand Dollars ($110,000.00) to match the grant authorized by the Department. 3. The City agrees to maintain satisfactory financial accounts, documents, and records and to make them available to the Department for auditing at reasonable times. 4. The City agrees to regulate the use of the facility constructed and reserved under the Agreement to assure the use thereof by the public on equal and reasonable terms. 5. The City agrees to comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions of this Resolution.

YEAS: Council Members: NAYS: Council Members: ABSTAIN: Council Members: ABSENT: Council Members: ADOPTED this _____ day of ________, 2026 CITY OF SAUGATUCK BY: BY:

Holly Anderson, Mayor Jamie Wolters, City Clerk

CERTIFICATION I, Jamie Wolters, the duly appointed clerk of the City of Saugatuck do hereby certify the foregoing is a true and complete copy of a resolution adopted by the City Council at a regular meeting held _______, 2026. Signed: ____________________________ Jamie Wolters, City Clerk

Michigan Department of Natural Resources - Grants Management

MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT This Agreement is between City of Saugatuck in the county of Allegan County, hereinafter referred to as the “GRANTEE,” and the MICHIGAN DEPARTMENT OF NATURAL RESOURCES, an agency of the State of Michigan, hereinafter referred to as the “DEPARTMENT.” The DEPARTMENT has authority to issue grants to local units of government for the development of public recreation facilities under Part 19 of the Natural Resources and Environmental Protection Act, P.A. 32 of 2010, as amended. The GRANTEE has been approved by the Director of the DEPARTMENT to receive a grant. In Public Act 22 of 2025, the Legislature appropriated funds from the Recreation Passport Grant Program (RPGP) to the DEPARTMENT for a grant-in-aid to the GRANTEE. The purpose of this Agreement is to provide funding in exchange for work to be performed for the project named below . This Agreement is subject to the terms and conditions specified herein . Project Title:

Village Square Park Improvements

Amount of grant:

$150,000.00

58%

Amount of match:

$110,000.00

42%

Start Date:

Project #: RP25-0073 PROJECT TOTAL: $260,000.00

End Date: 03/31/2028

Date of Execution by the DEPARTMENT

As a precondition to the effectiveness of the Agreement , the GRANTEE is required to sign the Agreement and return it to the DEPARTMENT with the required attachments by 05/05/2026 or the Agreement may be cancelled by the DEPARTMENT. This Agreement is not effective until the GRANTEE has signed it, returned it, and the DEPARTMENT has signed it. The Agreement is considered executed when signed by the DEPARTMENT. The individuals signing below certify by their signatures that they are authorized to sign this Agreement on behalf of their agencies, and that the parties will fulfill the terms of this Agreement , including any attached appendices, as set forth herein. GRANTEE

SIGNED By: Title: Date: CV0048414 SIGMA Vendor Number

001 SIGMA Address Code

MICHIGAN DEPARTMENT OF NATURAL RESOURCES

SIGNED

By: Clay Summers, Section Manager

Date of Execution by DEPARTMENT RP25-0073

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MICHIGAN RECREATION PASSPORT GRANT PROGRAM Development Project Agreement

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

DEPARTMENT CONTACT Recreation Passport Grant Program Manager

Name/Title

Name/Title

Grants Management/DNR Finance & Operations Organization

Organization

525 W. Allegan Street, Lansing, MI 48933 Address

Address

P.O. Box 30425, Lansing, MI 48909 Address

Address

517-284-7268 Telephone Number

Telephone Number

DNR-Grants@michigan.gov E-mail Address

E-mail Address

2. The legal description of the project area and boundary map of the project area uploaded to MiGrants are by this reference made part of this Agreement. The Agreement together with the referenced documents in MiGrants constitute the entire Agreement between the parties and may be modified only in writing and executed in the same manner as the Agreement is executed. 3. The time period allowed for project completion is from 03/06/2026 through 03/31/2028, hereinafter referred to as the “project period.” Requests by the GRANTEE to extend the project period shall be submitted in MiGrants before the expiration of the project period. Extensions to the project period are at the discretion of the DEPARTMENT and may only be extended by an amendment to this Agreement. 4. The words "project area" shall mean the land and area described in the legal description and as identified on the boundary map in MiGrants. 5. The words "project facilities" shall mean the following individual components, as further described in the application: Basketball Court Tennis Court Drinking Fountain(s) Paved ADA Parking Space(s) Rain Garden with Native Plants Recycle Bin(s) Bench(es) RP25-0073

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Landscaping Access Pathway 5' - 6' wide Fence 6. The DEPARTMENT agrees as follows: a. grant the GRANTEE a sum of money equal to Fifty-Eight percent (58%) of Two Hundred and Sixty Thousand dollars ($260,000.00), which is the total eligible cost of construction of the project facilities including engineering costs, but in any event not to exceed One Hundred and Fifty Thousand dollars ($150,000.00). b. grant these funds in the form of reimbursements to the GRANTEE for eligible costs and expenses incurred as follows: i. Payments will be made on a reimbursement basis at Fifty-Eight percent (58%) of the eligible expenses incurred by the GRANTEE up to 90% of the maximum reimbursement allowable under the grant. ii. Reimbursement will be made only upon DEPARTMENT review and approval of a complete reimbursement request submitted by the GRANTEE on a form provided by the DEPARTMENT which includes an expenditure list supported by documentation as required by the DEPARTMENT, including but not limited to copies of invoices, cancelled checks, EFTs and/or list of volunteer and/or force account time and attendance records. iii. The DEPARTMENT shall conduct an audit of the project’s financial records upon approval of the final reimbursement request by DEPARTMENT staff. The DEPARTMENT may issue an audit report with no deductions or may find some costs ineligible for reimbursement. iv. Final payment will be released upon completion of a satisfactory audit by the DEPARTMENT and documentation that the GRANTEE has erected a RPGP plaque in compliance with Section 7(j) of this Agreement. 7. The GRANTEE agrees as follows: a. immediately make available all funds needed to incur all necessary costs required to complete the project and to provide One Hundred and Ten Thousand dollars ($110,000.00) in local match. This sum represents Forty-Two percent (42%) of the total eligible cost of construction including engineering costs. Any cost overruns incurred to complete the project facilities called for by this Agreement shall be the sole responsibility of the GRANTEE. b. with the exception of engineering costs as provided for in Section 8, to incur no costs toward completion of the project facilities before execution of this Agreement and before DEPARTMENT approval of plans, specifications and bid documents. c. complete construction of the project facilities to the satisfaction of the DEPARTMENT and to comply with the development project procedures set forth by the DEPARTMENT in RP25-0073

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completion of the project, including but not limited to the following: i. All projects with a total project cost of $15,000 or greater GRANTEE shall retain the services of a professional architect, landscape architect, or engineer, registered in the State of Michigan to serve as the GRANTEE’S Prime Professional. The Prime Professional shall prepare the plans, specifications and bid documents for the project and oversee project construction. ii. Within 180 days following execution of this Agreement by the GRANTEE and the DEPARTMENT and before soliciting bids or quotes or incurring costs other than costs associated with the development of plans, specifications, or bid documents, provide the DEPARTMENT with plans, specifications, and bid documents for the project facilities, sealed by the GRANTEE’S Prime Professional (Prime Professional is not required for grants less than $15,000). iii. Upon DEPARTMENT approval of plans, specifications and bid documents, openly advertise and seek written bids for contracts for purchases or services with a value equal to or greater than $50,000 and accept the lowest qualified bid as determined by the GRANTEE’S Prime Professional. iv. Upon DEPARTMENT approval of plans, specifications and bid documents, solicit three (3) written quotes for contracts for purchases or services between $5,000 and $50,000 and accept the lowest qualified bid as determined by the GRANTEE’S Prime Professional. v. Maintain detailed written records of the contracting processes used and submit these records to the DEPARTMENT upon request. vi. Complete construction to all applicable local, state and federal codes, as amended; including but not limited to the federal Americans with Disabilities Act (ADA) of 2010, as amended; the Persons with Disabilities Civil Rights Act, Act 220 of 1976, as amended; the Playground Equipment Safety Act, P.A. 16 of 1997, as amended; the Utilization of Public Facilities by Physically Limited Act, P.A. 1 of 1966, as amended; and the Elliott-Larsen Civil Rights Acts, Act 453 of 1976, as amended; 2013 Access Boards Final Guidelines for Outdoor Developed Areas. vii. Bury all new utilities within the project area. viii. Correct any deficiencies discovered at the final inspection within 90 days of written notification by the DEPARTMENT. These corrections shall be made at the GRANTEE’S expense and are eligible for reimbursement at the discretion of the DEPARTMENT and only to the degree that the GRANTEE’S prior expenditures made toward completion of the project are less than the grant amount allowed under this Agreement . d. operate the project facilities for a minimum of 20 years (useful life of facilities anticipated), to regulate the use thereof to the satisfaction of the DEPARTMENT, and to appropriate such monies and/or provide such services as shall be necessary to provide such adequate maintenance. RP25-0073

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e. provide to the DEPARTMENT for approval, a complete tariff schedule containing all charges to be assessed against the public utilizing the project area and/or any of the facilities constructed thereon, and to provide to the DEPARTMENT for approval, all amendments thereto before the effective date of such amendments. Preferential membership or annual permit systems are prohibited on grant assisted sites, except to the extent that differences in admission and other fees may be instituted on the basis of residence. Nonresident fees shall not exceed twice that charged residents. If no resident fees are charged, nonresident fees may not exceed the rate charged residents at other comparable state and local public recreation facilities. f. adopt such ordinances and/or resolutions as shall be required to effectuate the provisions of this Agreement; certified copies of all such ordinances and/or resolutions adopted for such purposes shall be forwarded to the DEPARTMENT before the effective date. g. separately account for any revenues received from the project area which exceed the demonstrated operating costs and to reserve such surplus revenues for the future maintenance and/or expansion of the GRANTEE’S park and recreation program. h. furnish the DEPARTMENT, upon request, detailed statements covering the annual operation of the project area and/or project facilities, including income and expenses and such other information the DEPARTMENT might reasonably require. i. maintain the premises in such condition as to comply with all federal, state, and local laws which may be applicable and to make any and all payments required for all taxes, fees, or assessments legally imposed against the project area. j. erect and maintain a sign on the property for the life of the facilities which designates this project as one having been constructed with the assistance of the RPGP. The size, color and design of this sign shall be in accordance with DEPARTMENT specification. k. conduct a dedication/ribbon-cutting ceremony as soon as possible after the project is completed and the RPGP sign is erected within the project area. At least 30 days prior to the dedication/ribbon-cutting ceremony, the DEPARTMENT must be notified in writing the date, time, and location of the dedication/ribbon-cutting ceremony. GRANTEE shall provide notice of ceremony to the local media. The use of the program logo and a brief description of the program are strongly encouraged in brochures related to public recreation produced by the GRANTEE. Upon the discretion of the DEPARTMENT, the requirement to conduct a dedication/ribbon-cutting ceremony may be waived. 8. Only eligible costs and expenses incurred toward completion of the project facilities after execution of the Project Agreement shall be considered for reimbursement under the terms of this Agreement. Eligible engineering costs incurred toward completion of the project facilities beginning January 1, 2026 and throughout the project period are also eligible for reimbursement. Any costs and expenses incurred after the project period shall be the sole responsibility of the GRANTEE. 9. To be eligible for reimbursement, the GRANTEE shall comply with the DEPARTMENT RP25-0073

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requirements. At a minimum, the GRANTEE shall: a. submit a progress report every 180 days during the project period. b. submit complete requests for partial reimbursement when the GRANTEE is eligible to request at least 25 percent of the grant amount and construction contracts have been executed or construction by force account labor has begun. For grants $15,000 or less, the request reimbursement should be submitted for entire amount at completion of the project. c. submit a complete request for final reimbursement within 90 days of project completion and no later than 6/30/2028. If the GRANTEE fails to submit a complete final request for reimbursement by 6/30/2028, the DEPARTMENT may audit the project costs and expenses and make final payment based on documentation on file as of that date or may terminate this Agreement and require full repayment of grant funds by the GRANTEE. 10. During the project period, the GRANTEE shall obtain prior authorization from the DEPARTMENT before adding, deleting, or making a significant change to any of the project facilities as proposed. Approval of changes is solely at the discretion of the DEPARTMENT. Furthermore, during the life of the facilities, the GRANTEE shall obtain prior written authorization from the DEPARTMENT before implementing a change that significantly alters the project facilities as constructed and/or the project area, including but not limited to discontinuing use of a project facility or making a significant change in the recreational use of the project area. 11. All project facilities constructed or purchased by the GRANTEE under this Agreement shall be placed and used at the project area and solely for the purposes specified in the application and this Agreement. 12. The project area and all facilities provided thereon and the land and water access ways to the project facilities shall be open to the general public at all times on equal and reasonable terms. No individual shall be denied ingress or egress thereto or the use thereof on the basis of sex, race, color, religion, national origin, residence, age, height, weight, familial status, marital status, or disability. 13. Unless an exemption has been authorized by the DEPARTMENT pursuant to this Section , the GRANTEE hereby represents that it possesses fee simple title, free of all liens and encumbrances, to the project area. The fee simple title acquired shall not be subject to: 1) any possibility of reverter or right of entry for condition broken or any other executory limitation which may result in defeasance of title or 2) any reservations or prior conveyance of coal, oil, gas, sand, gravel or other mineral interests. For any portion of the project area that the GRANTEE does not possess in fee simple title, the GRANTEE hereby represents that it has: a. supplied the DEPARTMENT with an executed copy of the approved lease or easement , and b. confirmed through appropriate legal review that the terms of the lease or easement are consistent with GRANTEE’S obligations under this Agreement and will not hinder the GRANTEE’S ability to comply with all requirements of this Agreement. In no case shall the lease or easement tenure be less than 20 years from the date of execution of this Agreement. RP25-0073

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14. The GRANTEE shall not allow any encumbrance, lien, security interest, mortgage or any evidence of indebtedness to attach to or be perfected against the project area or project facilities included in this Agreement. 15. During the life of the facilities, none of the project area, nor any of the project facilities constructed under this Agreement, shall be wholly or partially conveyed, either in fee, easement or otherwise, or leased for a term of years or for any other period, nor shall there be any whole or partial transfer of the lease title, ownership, or right of maintenance or control by the GRANTEE except with the written approval and consent of the DEPARTMENT. The GRANTEE shall regulate the use of the project area to the satisfaction of the DEPARTMENT . 16. The assistance provided to the GRANTEE as a result of this Agreement is intended to have a lasting effect on the supply of recreation, scenic beauty sites, and recreation facilities beyond the financial contribution alone and commits the project area to Michigan’s recreation estate for the useful life of the project facilities, therefore: a. the GRANTEE agrees that, during the life of the facilities, the project area or any portion thereof will not be converted to other than public recreation use without prior written approval by the DEPARTMENT and implementation of mitigation approved by the DEPARTMENT, including but not limited to replacement with land and/or project facilities of similar recreation usefulness and fair market value. b. approval of a conversion shall be at the sole discretion of the DEPARTMENT. c. before completion of the project, the GRANTEE and the DEPARTMENT may mutually agree to alter the project area through an amendment to this Agreement to provide the most satisfactory public outdoor recreation area. 17. Should title to the lands in the project area or any portion thereof be acquired from the GRANTEE by any other entity through exercise of the power of eminent domain, the GRANTEE agrees that the proceeds awarded to the GRANTEE shall be used to replace the lands and project facilities affected with recreation lands and project facilities of equal or greater fair market value, and of reasonably equivalent usefulness and location. The DEPARTMENT shall approve such replacement only upon such conditions as it deems necessary to assure the replacement by GRANTEE of other recreation properties and project facilities of equal or greater fair market value and of reasonably equivalent usefulness and location. Such replacement land shall be subject to all the provisions of this Agreement . 18. The GRANTEE acknowledges that: a. the GRANTEE has examined the project area and has found the property safe for public use or actions will be taken by the GRANTEE before beginning the project to assure safe use of the property by the public, and b. the GRANTEE is solely responsible for development, operation, and maintenance of the project area and project facilities, and that responsibility for actions taken to develop, operate, or maintain the property is solely that of the GRANTEE, and RP25-0073

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c. the DEPARTMENT'S involvement in the premises is limited solely to the making of a grant to assist the GRANTEE in developing project site. 19. The GRANTEE assures the DEPARTMENT that the proposed State-assisted action will not have a negative effect on the environment and, therefore, an Environmental Impact Statement is not required. 20. The GRANTEE hereby acknowledges that this Agreement does not require the State of Michigan to issue any permit required by law to construct the recreational project that is the subject of this Agreement. Such permits include, but are not limited to, permits to fill or otherwise occupy a floodplain, and permits required under Parts 301 and 303 of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts 451 of 1994, as amended. It is the sole responsibility of the GRANTEE to determine what permits are required for the project, secure the needed permits and remain in compliance with such permits. 21. Before the DEPARTMENT will approve plans, specifications, or bid documents; or give written approval to the GRANTEE to advertise, seek quotes, or incur costs for this project, the GRANTEE must provide documentation to the DEPARTMENT that indicates either: a. it is reasonable for the GRANTEE to conclude, based on the advice of an environmental consultant, as appropriate, that no portion of the project area is a facility as defined in Part 201 of the Michigan Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended; or b. if any portion of the project area is a facility, documentation that Department of Environmental, Great Lakes and Energy-approved response actions have been or will be taken to make the site safe for its intended use within the project period, and that implementation and long-term maintenance of response actions will not hinder public recreation use and/or the resource protection values of the project area. 22. If the DEPARTMENT determines that, based on contamination, the project area will not be made safe for the planned recreation use within the project period, or another date established by the DEPARTMENT in writing, or if the DEPARTMENT determines that the presence of contamination will reduce the overall usefulness of the property for public recreation and resource protection, the grant may be cancelled by the DEPARTMENT with no reimbursement made to the GRANTEE. 23. The GRANTEE shall acquire and maintain insurance which will protect the GRANTEE from claims which may arise out of or result from the GRANTEE’S operations under this Agreement , whether performed by the GRANTEE, a subcontractor or anyone directly or indirectly employed by the GRANTEE, or anyone for whose acts may hold them liable. Such insurance shall be with companies authorized to do business in the State of Michigan in such amounts and against such risks as are ordinarily carried by similar entities, including but not limited to public liability insurance, worker’s compensation insurance or a program of self-insurance complying with the requirements of Michigan law. The GRANTEE shall provide evidence of such insurance to the RP25-0073

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DEPARTMENT at its request. 24. Nothing in this Agreement shall be construed to impose any obligation upon the DEPARTMENT to operate, maintain or provide funding for the operation and/or maintenance of any recreational facilities in the project area. 25. The GRANTEE hereby represents that it will defend any suit brought against either party which involves title, ownership, or any other rights, whether specific or general rights, including appurtenant riparian rights, to and in the project area of any lands connected with or affected by this project. 26. The GRANTEE is responsible for the use and occupancy of the premises, the project area and the facilities thereon. The GRANTEE is responsible for the safety of all individuals who are invitees or licensees of the premises. The GRANTEE will defend all claims resulting from the use and occupancy of the premises, the project area and the facilities thereon. The DEPARTMENT is not responsible for the use and occupancy of the premises, the project area and the facilities thereon. 27. Failure by the GRANTEE to comply with any of the provisions of this Agreement shall constitute a material breach of this Agreement. 28. Upon breach of the Agreement by the GRANTEE, the DEPARTMENT may, in addition to any other remedy provided by law,: a. terminate this Agreement; and/or b. withhold and/or cancel future payments to the GRANTEE on any or all current recreation grant projects until the violation is resolved to the satisfaction of the DEPARTMENT ; and/or c. withhold action on all pending and future grant applications submitted by the GRANTEE under the RPGP, Michigan Natural Resources Trust Fund, and Land and Water Conservation Fund; and/or d. require repayment of grant funds already paid to GRANTEE. e. require specific performance of the Agreement. 29. This Agreement may be canceled by the DEPARTMENT, upon 30 days written notice, due to Executive Order, budgetary reduction, other lack of funding; upon request by the GRANTEE; or upon mutual Agreement by the DEPARTMENT and GRANTEE. The DEPARTMENT may honor requests for just and equitable compensation to the GRANTEE for all satisfactory and eligible work completed under this Agreement up until 30 days after written notice, upon which time all outstanding reports and documents are due to the DEPARTMENT and the DEPARTMENT will no longer be liable to pay the GRANTEE for any further charges to the grant. 30. The GRANTEE agrees that the benefit to be derived by the State of Michigan from the full compliance by the GRANTEE with the terms of this Agreement is the preservation, protection and the net increase in the quality of public recreation facilities and resources which are RP25-0073

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available to the people of the State and of the United States and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State of Michigan by way of assistance under the terms of this Agreement. The GRANTEE agrees that after final reimbursement has been made to the GRANTEE, repayment by the GRANTEE of grant funds received would be inadequate compensation to the State for any breach of this Agreement. The GRANTEE further agrees therefore, that the appropriate remedy in the event of a breach by the GRANTEE of this Agreement after final reimbursement has been made shall be the specific performance of this Agreement. 31. Prior to the completion of the project facilities, the GRANTEE shall return all grant money if the project area or project facilities are not constructed, operated or used in accordance with this Agreement. 32. The GRANTEE agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of religion, race, color, national origin, age, sex, sexual orientation, height, weight, marital status, partisan considerations, or a disability or genetic information that is unrelated to the person’s ability to perform the duties of a particular job or position. The GRANTEE further agrees that any subcontract shall contain non-discrimination provisions which are not less stringent than this provision and binding upon any and all subcontractors. A breach of this covenant shall be regarded as a material breach of this Agreement. 33. The DEPARTMENT shall terminate and recover grant funds paid if the GRANTEE or any subcontractor, manufacturer, or supplier of the GRANTEE appears in the register compiled by the Michigan Department of Labor and Economic Growth pursuant to Public Act No . 278 of 1980. 34. The GRANTEE agrees to assist DEPARTMENT personnel in promotion of the Recreation Passport Program by distributing marketing materials provided by the DEPARTMENT. 35. The GRANTEE may not assign or transfer any interest in this Agreement without prior written authorization of the DEPARTMENT. 36. The rights of the DEPARTMENT under this Agreement shall continue for the anticipated life of the project facilities as stated in Section 7(d).

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

RP25-0073

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SAMPLE RESOLUTION (Development) Upon motion made by ______________________________, seconded by ________________________, the following Resolution was adopted: “RESOLVED, that the _____________________________, Michigan, does hereby accept the terms of the Agreement as received from the Michigan Department of Natural Resources , and that the ______________________________ does hereby specifically agree, but not by way of limitation, as follows: 1. To appropriate all funds necessary to complete the project during the project period and to provide ___________________________($_____________) dollars to match the grant authorized by the DEPARTMENT. 2. To maintain satisfactory financial accounts, documents, and records to make them available to the DEPARTMENT for auditing at reasonable times. 3. To construct the project and provide such funds, services, and materials as may be necessary to satisfy the terms of said Agreement. 4. To regulate the use of the facility constructed and reserved under this Agreement to assure the use thereof by the public on equal and reasonable terms. 5. To comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions of this Resolution.” The following aye votes were recorded: ________________ The following nay votes were recorded: ________________ STATE OF MICHIGAN COUNTY OF ____________

) ) ss )

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

Signature Title Date

RP25-0073

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