HomeMy WebLinkAboutResolutions - 2022.05.12 - 35484•
BOARD OF COMMISSIONERS
May 12, 2022
MISCELLANEOUS RESOLUTION #22-150
Sponsored By: William Miller III
Economic Development - Planning and Local Business Development - Interlocal Agreement
Appropriating American Rescue Plan Act — Local Fiscal Recovery Funds for the Clinton River Trail
Safety & Maintenance Improvement Project
Chairperson and Members of the Board:
WHEREAS throughout Oakland County the COVID-19 pandemic has had a detrimental effect upon the
economy and health of our residents and it is incumbent upon our government to leverage available resources;
and
WHEREAS the United States Treasury allocated Oakland County $244,270.949 of Local Fiscal Recovery
Funds (LFRF) established under the American Rescue Plan Act of 2021 (ARPA); and
WHEREAS under the guidance of the U.S. Department of Treasury's Final Rule for Coronavirus State and
Local Fiscal Recovery Funds, the County may use these funds at their discretion to support eligible investments
in public health expenditures, address negative economic impacts caused by the public health emergency;
replace lost public sector revenue; provide premium pay for essential workers; and invest in water, sewer, and
broadband infrastructure; and
WHEREAS the Oakland County Department of Economic Development, City of Pontiac, City of Sylvan Lake,
and Friends of the Clinton River Trail have been working collaboratively to document critical maintenance
needs and conduct preliminary engineering to identify and design the improvements necessary to bring the
Clinton River Trail up to current standards and would like to request $120,000 be appropriated for work to be
done by the City of Pontiac, in accordance with the attached proposed Interlocal Agreement, as part of the
Clinton River Trail Safety & Maintenance lmprovement project to make essential safety improvements and
accessibility renovations; and
WHEREAS the project will transform this popular linear park and address social determinants of health, reduce
social isolation, link to neighboring communities and promote active and healthy lifestyles for people of all ages
and abilities; and
WHEREAS the COVID-19 pandemic has brought to light how important it is to have quality non -motorized
trails and public parks that encourage a livable and healthy community. Investments made to this critical
infrastructure may be responsive to the needs of disproportionately impacted communities and provides a place
for residents to enrich both mental and physical wellbeing, reduce social isolation in a responsible way, and
improve their access to nature.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an
appropriation in the amount of $120,000 from American Rescue Plan Act — Local Fiscal Recovery Funds for
the Clinton River Trail Safety & Maintenance Improvement Project in partnership with the City of Pontiac.
BE IT FURTHER RESOLVED that the City of Pontiac shall be responsible for the administration of all
contractual arrangements necessary to complete the project including oversight of contracted work, inspections,
enforcement, resolution of any disputes with contractors and payment to contractors for work that has been
completed and approved in conformance with federal, state, and local legal requirements, Oakland County
policies and procedures, and Department of Treasury guidelines for the eligible expenditure of the American
Rescue Plan Act and submittal of quarterly reports as required by the interlocal agreement.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby approves the
Interlocal Agreement between Oakland County and the Public Body (Attachment A).
BE IT FURTHER RESOLVED that upon receipt of the final executed agreement from the designated agent
or governing body of the City of Pontiac, the Oakland County Board of Commissioners authorizes its
Chairperson to execute and enter into this Interlocal Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED the Department of Economic Development shall submit quarterly reports to
the Board of Commissioners detailing progress, completion of deliverables, scope, accounting of expenses, and
any other relevant information associated with the Project.
BE IT FURTHER RESOLVED that approval of American Rescue Plan Act funds for programs and services
by Oakland County shall not obligate a commitment of the General Fund unless authorized by action of the
Board of Commissioners.
BE IT FURTHER RESOLVED that all ARPA funding for contracts in support of advancing the goals of the
Clinton River Trail Safety & Maintenance Improvement project will need to be expended no later than
December 31, 2022, in accordance with the Interlocal Agreement.
BE IT FURTHER RESOLVED that the FY 2022 budget shall be amended as reflected in the attached
Schedule A — Budget Amendment.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: William Miler III.
d. Date: May 12, 2022
David Woodward, Commissioner
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Date: May 18, 2022
Hilarie Chambers, Deputy County Executive II
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Date: May 18 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-05-04 Economic Development & Infrastructure - recommend and forward to Finance
2022-05-04 Finance - Recommend to Board
2022-05-12 Full Board
VOTE TRACKING
Motioned by Commissioner Kristen Nelson seconded by Commissioner Michael Gingell to adopt the attached
Interlocal Agreement: Appropriating American Rescue Plan Act — Local Fiscal Recovery Funds for the Clinton
River Trail Safety & Maintenance Improvement Project.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary
McGillivray, Robert Hoffman, Adam Kochenderfer (21)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. ED&I Planning & Local Bus._ARPA_Clinton River Trail Interlocal_ Schedule A
2. ARPAClintonRiverTrailPontiacMaintProjectLocationMap_04182022
3. ARPAInterlocalAgreement2022-0335PontiacFiscalRecoveryGrant(ClintonRiverTrail)04252022.V2
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 12, 2022, with
the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan on Thursday, May 12, 2022.
Lisa Brown, Oakland County Clerk/Register of Deeds
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AGREEMENT FOR LOCAL FISCAL RECOVERY FUND DISTRIBUTION BETWEEN
OAKLAND COUNTY AND
THE CITY OF PONTIAC
This Agreement (the "Agreement") is between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the City of
Pontiac ("Public Body") 47450 Woodward Avenue, Pontiac, Michigan. 48342. County and Public
Body may be referred to individually as a "Party" and jointly as 'Parties".
PURPOSE OF AGREEMENT. On March 11, 2021, the President of the United States signed the
American Rescue Plan Act of 2021 ("ARPA") into law. Section 9901 of ARPA amended Title VI of
the Social Security Act to add section 603, which establishes the Coronavirus Local Fiscal Recovery
Fund. Oakland County has been allocated $244,270,949 in Local Fiscal Recovery Fund ("LFRF")
dollars under ARPA.
The United States Department of Treasury has issued an interim final rule, and other guidance for
qualified uses of LFRF. Those qualified uses include the type of project as described in Exhibit A. The
County has determined that the distribution of funds in accordance with this Agreement is a qualified
use of LFRF funds pursuant to the interim rule and other applicable Department of Treasury guidance.
County and Public Body enter into this Agreement pursuant to the Urban Cooperation Act of 1967,
1967 Public Act 7, MCL 124.501 et seq., for the purpose of County distributing a portion of its LFRF
funds to Public Body.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, shall be defined, read, and interpreted as follows:
a. Agreement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, Exhibit and attachment.
b. Claims mean any alleged losses, claims, complaints, demands for relief or damages,
lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties,
litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable
attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts
paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or
asserted against County or Public Body, or for which County or Public Body may become
legally and/or contractually obligated to pay or defend against, whether direct, indirect or
consequential, whether based upon any alleged violation of the federal or the state
constitution, any federal or state statute, rule, regulation, or any alleged violation of federal
or state common law, whether any,such claims are brought in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
C. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons' successors.
d. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
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e. Public Bodv means the City of Pontiac including, but not limited to, its council, its Board,
its departments, its divisions, elected and appointed officials, directors, board members,
council members, commissioners, authorities, committees, employees, agents,
subcontractors, attorneys, volunteers, and/or any such persons' successors.
f. Public Bodv Emnlovee means any employees, officers, directors, members, managers,
trustees, volunteers, attorneys, representatives of Public Body, licensees, concessionaires,
contractors, subcontractors, independent contractors, agents, and/or any such persons'
successors or predecessors (whether such persons act or acted in their personal,
representative or official capacities), and/or any persons acting by, through, under, or in
concert with any of the above who'use or have access to the funds provided under this
Agreement. "Public Body Employee" shall also include any person who was a Public Body
Employee at any time during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected in that capacity.
2. GRANT. Subject to the terms and condition of this Agreement, and in reliance upon the Public
Body's affirmations set forth below, the County agrees to make, and the Public Body agrees to
accept, the grant funds.
a. County will distribute $120,000 (One Hundred Twenty Thousand Dollars) in grant funds to
Public Body for the project scope which is attached and incorporated into this Agreement as
Exhibit A. Public Body will receive a lump sum payment to be disbursed by the County at
the time that this Agreement is fully executed.
b. PUBLIC BODY UNIQUE ENTITY IDENTIFIER (UEI) (OR DUNS NUMBER):
UEI: ECYJEM17LPNI and DUNS NUMBER: 831471144.
c. FEDERAL AWARD IDENTIFICATION NUMBER (FAIN): SLFRP2640
d. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NUMBER: 21.027
e. FEDERAL AWARD DATE: May 28, 2021
f. SUBAWARD PERIOD OF PERFORMANCE START AND END DATE: This Agreement
shall be effective when executed by both Parties with Resolutions passed by the governing
bodies of each Party, and will terminate on December 31, 2022.
g. AWARD IS NOT FOR RESEARCH & DEVELOPMENT (R&D): Funds cannot be used
for research and development related expenditures.
h. INDIRECT COST RATE FOR FEDERAL AWARD: Indirect costs are not eligible for this
Agreement.
i. CONTACT PERSON FOR COUNTY/PASS THROUGH ENTITY: Kristen Wiltfang.
j. DEFINED USE OF FUNDS: All grant funds must be expended in accordance with this
Agreement and the guidelines for ARPA funds.
3. PUBLIC BODY'S RESPONSIBILITIES.
a. Public Body's grant match requirements, if any, are detailed in Exhibit B attached hereto and
incorporated as part of this Agreement.
b. Public Body shall be responsible for the administration of all contractual arrangements necessary
to complete the project described in Exhibit A, including oversight of contracted work,
inspections, enforcement, resolution of any disputes with contractors and payment to contractors
for work that has been completed and approved.
c. Public Body shall submit to Oakland County quarterly reporting on the grant funds including:
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1. Project progress report including completion of deliverables included in project scope;
2. Accounting of expenses incurred and grant funds expended; and
3. Any other relevant information or records, to be determined by County.
d. Public Body shall submit to Oakland County a final report by the end of the Agreement or within
30 days after final Project completion, whichever date is sooner, on the grant funds including:
1. Project completion report;
2. Full accounting of its expenditure of grant funds;
3. Certification of its use of grant funds and fulfillment of the terms of the Agreement; and
4. Any other relevant information or records, to be determined by County.
e. Public Body shall respond to and be responsible for Freedom of Information Act requests
relating to Public Body's records, data, or other information.
f. Public Body must comply with any other reporting requirements as may be necessary for
accepting the grant funding provided for in this Agreement.
4, COUNTY'S RESPONSIBILITIES.
a. County shall designate in writing a department, individual, or other entity to oversee the
reporting requirements set forth in Section 3 above to ensure timely reporting, accurate
accounting, and verification of final certification.
5. PUBLIC BODY AFFIRMATIONS.
a. Public Body affirms that any and all representations made to County in connection with its
application and this grant were accurate, truthful and complete and remain so. Public Body
acknowledges that all representations and information provided have been relied on by the
County to provide funding under this Agreement. Public Body shall promptly notify County, in
writing, of the occurrence of any event or'any material change in circumstances which would
make any Public Body representation or information untrue or incorrect or otherwise impair
Public Body's ability to fulfill its obligations under this Agreement.
b. Public Body will comply with any federal, state, or local public health orders or mitigation
recommendations regarding the COVID-19 pandemic which are in effect as of the date this
Agreement is signed by both Parties.
c. Public Body may not use grant funds for expenses for which the Public Body has received any
other federal funds or emergency COVID-19 supplemental funding, whether it be state, federal,
or private in nature, for the same expense. No portion of grant funds may be used for the purpose
of obtaining additional Federal funds under any other law of the United States, except if
authorized by law. Public Body shall promptly notify County if it receives insurance proceeds
or other disaster assistance (public or private) that duplicates the funding received under this
Agreement. Grant funds may not be used to cover expenses that were reimbursed by insurance.
d. Public Body shall not carry out any activities under this Agreement that results in a prohibited
duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155) and in accordance with Section 1210 of the
Disaster Recovery Reform Act of 2Q18 (division D of Public Law 115-254; 132 Stat. 3442),
which amended Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155). If the Public Body receives duplicate benefits from another source for
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projects related to this disaster, the Public Body must refund the benefits provided by the County
to the County. Duplication of benefits occurs when Federal financial assistance is provided to a
person or entity through a program to address losses resulting from a Federally -declared
emergency or disaster, and the person or entity has received (or would receive, by acting
reasonably to obtain available assistance) financial assistance for the same costs from any other
source (including insurance), and the total amount received exceeds the total need for those
costs.
e. Public Body shall use all grant funds it receives under this Agreement by December 31, 2022.
Any grant funds not used by that date must be returned to County.
f. Public Body understands that the grant funds it receives under this Agreement are a subaward of
County's LFRF funds, and that County is required to manage and monitor any subrecipient of
LFRF funds. Therefore, Public Body agrees to comply with any subrecipient monitoring
requirements established by County or by Federal law.
6. REPAYMENT REMEDIES. Public Body is subject to repayment to the County of an amount equal
to the grant funds received by Public Body in the event Public Body has made material
misrepresentations to the County in its application, voluntary bankruptcy or insolvency proceeding
are commenced against the Public Body and not set aside within sixty (60) days, or the Public Body
fails to otherwise comply with the requirements of this Agreement. In the event County later
determines the information Public Body provided in conjunction with this Agreement, or that Public
Body was ineligible for the grant funds, or that Public Body's use of the grant funds following receipt
was contrary to this Agreement, Public Body agrees to repay the grant funds to County in full.
County further retains all rights and remedies allowed in law or equity, including seeking payment of
its reasonable costs and expenses incurred enforcing its rights and remedies.
7. TAN LIABILITY. County and Public Body agree that to the extent that any part of the
aforementioned funds are deemed to be taxable, that Public Body agrees to be fully responsible for
the payment of any taxes, including withholding payments, social security, or other funds which are
required to be withheld. Public Body agrees to provide County with all information and cooperation
necessary to execute a completed 1099-G form; which County will file with the United States
Internal Revenue Service. Public Body acknowledges that Public Body will consult with a tax
professional regarding the tax implications, if any, of the grant funds, and/or hereby waives the
option to do so. Public Body further agrees to indemnify and hold County harmless for the payment
of any tax or withholding payments, including any penalty assessed it may owe under this
Agreement.
8. CONFLICT OF INTEREST. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL
15.301, et seq, and MCL 15.321, et seq.), to avoid any real or perceived conflict of interest, Public
Body shall disclose to County the identity of all Public Body Employees and all relatives of Public
Body Employees who: a) are employed by the County or are elected or appointed officials of the
County, on the date this Agreement is executed; and b) becomes employed or appointed by the
County or becomes an elected official of County during the term of the Agreement.
9. ACCESS TO RECORDS AND AUDIT. Payments from ARPA funds are subject to 2 C.F.R.
200.303 regarding internal controls, 2 C.F.R. 200.331-333 regarding subrecipient monitoring and
management, and 2 C.F.R. Part 200 Subpart F regarding audit requirements. Where applicable, these
requirements are considered legally binding and enforceable under this Agreement. Oakland County
reserves the right to use any legal remedy at its disposal including, but not limited to, disallowance of
costs, withholding of funds or recoupment as may be necessary to satisfy requirements. Subawards or
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subcontracts, if any, shall contain a provision making them subject to all of the provisions in this
Agreement.
Public Body shall maintain all records pertinent to the Agreement and any amendments, including
backup copies, for a period of five (5) years. The records shall be kept in accordance with generally
accepted accounting practices, utilize adequate internal controls and shall maintain necessary
documentation for all costs incurred, including documentation and an inventory of all equipment
purchased with grant funds. These internal controls should be in compliance with guidance in
"Standards for Internal Control in the Federal Government" issued by the Comptroller General of the
United States or the "Internal Control Integrated Framework", issued by the Committee of
Sponsoring Organizations of the Treadway Commission (COSO).
In addition to County, the U.S. Department of Treasury, or their authorized representatives, shall be
provided the right to audit all records pertaining to the expenditure and use of grant funds. All
records with respect to any matters covered by this Agreement shall be made available to County, the
Federal awarding agency, and the Comptroller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports
must be fully cleared by Public Body within 30 days after receipt by the Public Body. Failure of
Public Body to comply with the audit requirements will constitute a violation of this Agreement.
Fund payments are considered "other federal financial assistance" under Title 2 C.F.R. 200 —
Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards
("Uniform Guidance") and are subject to the Single Audit Act Amendments of 1996 (31 U.S.C.
7501-7507 or program specific audit pursuant to 2 C.F.R. 200.501(a) when Public Body spends
$750,000 or more in federal awards during their fiscal year.
Fund payments are subject to 2 C.F.R. 200.303 regarding internal controls. Subrecipient must
establish and maintain effective internal, control over the Federal award that provides reasonable
assurance that the Subrecipient is managing the award in compliance with Federal statutes,
regulations, and the terms and conditions of the award.
Fund payments are subject to 2 C.F.R. 200.330 through 200.332 regarding Public Body monitoring
and management. Fund payments are subject to Subpart F regarding audit requirements. Failure of
Public Body to comply with the audit requirements will constitute a violation of this Agreement.
Public Body may be required to submit a copy of that audit to the County in accordance with the
Uniform Guidance.
10. COMPLIANCE WITH LAWS. Public Body shall comply with all federal, state, and local laws,
statutes, ordinances, regulations, and all requirements applicable to its activities under the Agreement
and grant. This includes the following:
a. Public Body must comply with 2 C.F.R. 200.303(e) and take reasonable measures to safeguard
protected personally identifiable information, as defined in 2 C.F.R. 200.82, and other
information County designates as sensitive or the Public Body considers sensitive consistent
with applicable Federal, state, and local laws regarding privacy and obligations of
confidentiality.
b. Public Body must comply with 2 C.F.R. 200.322 if it is passing through grant funds/issuing
subawards to other entities.
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c. Public Body must comply with 31 U.S.C. Chapter 38, Administrative Remedies for False Claims
and Statements. Public Body will not pass -through grant funds to an entity listed in the SAM
Exclusions. SAM Exclusions is the list maintained by the General Services Administration that
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive Order
12549. SAM exclusions can be accessed at www.sam.aov.
d. Public Body must register at sam.gov
e. Public Body must comply with Title VI of the Civil Rights Act of 1964, and any implementing
regulations, which prohibits entities receiving Federal financial assistance from excluding from a
program or activity, denying benefits'or services, or otherwise discriminating against a person on
the basis of race, color, national origin (including limited English proficiency), disability, age, or
sex (including sexual orientation and gender identity). All applicable U.S. Department of
Treasury Title VI regulations are incorporated into this Agreement and made a part of this
Agreement.
11. DURATION OF INTERLOCAL AGREEMENT.
a. This Agreement shall be effective when executed by both Parties with resolutions passed by
the governing bodies of each Party. The approval and terms of this Agreement shall be
entered in the official minutes of the governing bodies of each Party. An executed copy of
this Agreement and any amendments shall be filed by the County Clerk with the Secretary
of State.
b. This Agreement shall remain in effect until December 31, 2022, or until cancelled or
terminated by any of the Parties pursuant to the terms of the Agreement. Public Body shall
comply with the record keeping, reporting, audit response, and fund return requirements of
this Agreement after the termination of this Agreement.
12. ASSURANCES.
a. Resmonsibility for Claims. Each Party shall be responsible for any Claims made against that
Party by a third party, and for the acts of its employees arising under or related to this
Agreement.
b. Resmonsibility for Attornev Fees and Costs. Except as provided for in Sections 3, 7 and
14, in any Claim that may arise from the performance of this Agreement, each Party shall
seek its own legal representation and bear the costs associated with such representation,
including judgments and attorney fees.
C. No Indemnification. Except as otherwise provided for in this Agreement, neither Party shall
have any right under this Agreement or under any other legal principle to be indemnified or
reimbursed by the other Party or any of its agents in connection with any Claim.
d. Costs, Fines, and Fees for Noncomnliance. Public Body shall be solely responsible for
all costs, fines and fees associated with any misuse of the the grant funds and/or for
noncompliance with this Agreement by Pubic Body Employees.
e. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest,
delegate or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties. Nothing in this Agreement shall be
construed as a waiver of governmental immunity for either Party.
f. Authorization and Commletion of Agreement. The Parties have taken all actions and
secured all approvals necessary to authorize and complete this Agreement. The persons
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signing this Agreement on behalf of each Party have legal authority to sign this
Agreement and bind the Parties to the terms and conditions contained herein.
13. TERMINATION OR CANCELLATION OF AGREEMENT.
a. County may terminate or cancel this Agreement at any time if it determines that Public
Body has expended the grant funds in violation of ARPA requirements or this Agreement.
If County terminates or cancels this Agreement, Public Body shall be liable to repay
County the amount of money expended in violation of ARPA requirements or this
Agreement. County may utilize the provisions in Section 14 to recoup the amount of
money owed to County by Public Body.
b. Public Body may terminate or cancel this Agreement at any time. If Public Body
terminates or cancels this Agreement, it shall immediately return to County any and all
grant funds it has already received, less amounts paid to any contractors for deliverables
completed within the scope of work.
C. If either Party terminates or cancels this Agreement they shall provide written notice to the
other Party in the manner described in Section 21.
14. SETOFF OR RETENTION OF FUNDS
a. In any case where Public Body is required to return an amount of money to County under this
Agreement, Public Body agrees that unless expressly prohibited by law, County or the
Oakland County Treasurer, at their sole option, shall be entitled to set off from any other
Public Body funds that are in County's possession for any reason, including but not limited to,
the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any setoff or
retention of funds by County shall be deemed a voluntary assignment of the amount by Public
Body to County. Public Body waives any Claims against County or its Officials for any acts
related specifically to County's offsetting or retaining of such amounts. This paragraph shall
not limit Public Body's legal right to dispute whether the underlying amount retained by
County was actually due and owing under this Agreement.
b. Nothing in this Section shall operate to limit County's right to pursue or exercise any other
legal rights or remedies under this Agreement or at law against Public Body to secure
payment of amounts due to County under this Agreement. The remedies in this Section shall
be available to County on an ongoing and successive basis if Public Body becomes delinquent
in its payment. Notwithstanding any other term and condition in this Agreement, if County
pursues any legal action in any court to secure its payment under this Agreement, Public Body
agrees to pay all costs and expenses, including attorney fees and court costs, incurred by
County in the collection of any amount owed by Public Body.
15. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
16. NO THIRD -PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other
person or entity.
17. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
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No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
18. r9EVERABILITV. If a court of competent jurisdiction finds a term or condition of this
Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
19. PRECEDENCE OF DOCUMENTS. hi the event of a conflict between the terms and
conditions of any of the documents that comprise this Agreement, the terms in the Agreement
shall prevail and take precedence over any allegedly conflicting terms and conditions.
20. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural, any
reference to gender, and any use of the nominative, objective or possessive case in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context requires.
21. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (i) the date of actual receipt; (ii) the next business day when notice is sent
express delivery service or personal delivery; or (iii) three days after mailing first class or certified
U.S. mail.
a. If Notice is sent to County, it shall be addressed and sent to: Oakland County Executive, 2100
Pontiac Lake Road, Building 41 West, Waterford, Michigan 48328, and the Chairperson of
the Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac,
Michigan 48341.
b. If Notice is sent to Public Body, it shall be addressed to: Pontiac City Clerk, 1st Floor, 47450
Woodward Avenue, Pontiac, Michigan 48342.
22. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the
court. Except as otherwise required by law or court rule, venue is proper in the courts set forth
above.
23. SURVIVAL nF TERMS The Parties understand and agree that all terms and conditions of this
Agreement that require continued performance, compliance, or effect beyond the termination date of
the Agreement shall survive such termination date and shall be enforceable in the event of a failure
to perform or comply.
24. ENTIRE AGREEMENT.
a. This Agreement represents the entire agreement and understanding between the Parties
regarding the grant funds, and supersedes all other oral or written agreements between the
Parties.
b. The language of this Agreement shall be construed as a whole according to its fair
meaning, and not construed strictly for or against any Party.
Page 8 of 20
IN WITNESS WHEREOF, [insert name and title of public body official] hereby acknowledges that
he/she has been authorized by a resolution of the Pontiac City Council, a certified copy of which is
attached, to execute this Agreement on behalf of Public Body and hereby accepts and binds Public Body
to the terms and conditions of this Agreement:
EXECUTED: DATE:
Tim Greimel, Mayor
City of Pontiac
WITNESSED: DATE:
[insert name, title]
IN WITNESS WHEREOF, David Woodward, Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners to execute this Agreement on behalf of Oakland County, and hereby accepts and binds
Oakland County to the terms and conditions of this Agreement.
EXECUTED: I DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
Page 9 of 20
Project Description
The City of Pontiac is collaborating with the Friends of the Clinton River Trail (FCRT), City of Sylvan
Lake, Oakland County and other stakeholders to make essential safety improvements, maintenance
repairs, and accessibility renovations to the Clinton River Trail in Pontiac. This former railroad was
converted to a walking and biking trail in 2004. Since that time, the City has seen a significant reduction
in their DPW/Park budget and staff, leaving the Clinton River Trail (CRT) in need of major
maintenance, repairs and upgrades to meet current shared -use path standards.
The proposed project will transform this popular linear park and address social determinants of health,
reduce social isolation, link to neighboring communities and promote active and healthy lifestyles for
people of all ages and abilities. Proposed improvements include pedestrian activated signal at a busy
roadway, upgrade all road crossings to be ADA compliant, new crushed limestone surface for 1.75
miles, address maintenance needs and install bollards to prevent unauthorized motorized vehicles. In
addition, the proposed project will implement goals/objectives identified in the 2017 Complete Streets
Pontiac Plan and the 2021 Pontiac Parks & Recreation Master Plan.
The City and FCRT have observed increased usage of the trail since the COVID-19 pandemic began,
which is also a trend experienced on trails across the county and state. This increased usage only further
emphasizes the need to make essential safety improvements and correct these maintenance deficiencies
caused by a lack of staff. Additionally, this project is directly connected to other phases of development
that have been proposed in the city to link the -trail with the downtown and complete a notable gap in the
regional and cross -state trail networks. The proposed project will improve the overall trail user's
experience, make necessary safety and accessibility enhancements at road crossings, and address
ongoing maintenance needs because of increased use of parks/trails during the COVID-19 pandemic.
The ongoing COVID-19 pandemic has brought to light how important it is to have quality non -
motorized trails and public parks that encourage a livable and healthy community. This critical
infrastructure provides a place for residents to enrich both mental and physical wellbeing, reduce social
isolation in a responsible way, and improve their access to nature. In addition, Southeast Michigan has
become an automobile -centric place that contributes directly to preventable health conditions like
obesity, high blood pressure and diabetes. Through the promotion of inclusive facilities like the Clinton
River Trail, trail users of all ages and abilities can fight chronic diseases and live healthy and active lives
and continue to address social determinants of health.
Clinton River Trail Safety & Maintenance Improvement Project Bid
air 3;xlomd -
Z02,1 CLfN,rk3N RIVER TRAR. MAIN)TENANCE AND SAPVTY
City orllo.nial- Cierk'g Office
4'74,SO Woodward Avenue, I st Floor
0
Pontiac, M1 48342
1
Offica '41
OW Bid hine 17th (Ot, 1,00 P.U� EDT
-11164 stamp
AfilI 'r )021
APVaEdYM A—SCOPF & Ell) SHkC'1'
02..3, £ B,PE8TON ti ITA TRAM 6v$FlPt)TE6JAis)Ca .AMPS SAI 2' '.` VI eP Yh�£?�i••aE6 '6�
PURCHASING OFOCE '
47450 Woodward Avenue, rd Floor, Pontiac, MI 48342
Office: 248-759-3120 Fax: 248 758-319
Bidding Coittracdor:
Company
Rcyrreserntative:_...._-.__-..�_.
s,ddeess: Ii00Q\c};hnr�. t City: [:.ivoaia„__---_ -fic, ?HlSiI
3d', --—.-....-.
Offce#: 73,?=i64 26110
Cell Ot`io-621=21i5 -_ _,_---. _ _._._email cod}'dnnoncrill.com
"oh DUU,, _:coo o 'dock
;;oly�rar zcr trvilS fr; baEde all izonr ind material One tn<: fpilowing ser.rice arork
762% CLIOTON Rh+Eft TRAY. ir9Alpl'fENANCE ArM s+sFE V I mPRO VEev,E ,TS
Porform off wnd: in acrorrJonce wlik did Plant, P11007 2012 5candard Cun2i I'LchOr. NILGr'
frequently used Special Provisums 1i7,ed bclos,, City of Potwar: `tandares, Rr,ad lursn-,is',ion for Oakland
County s;anoards, requirements fitted a: Ihr "Fe;;uest to SubruR iild "
Provide material certification, and Quality Contro QCland Quality Assuranc OA! testing In accordance
the MDOTspecifications
The Contractor shall ad here to all requirements from the Oakland County Water Resources Commissioner for
Oakland County Sail Erosion & Sediment Control as Indicated on the plans. An Arildavit for Soil Erosion Permit
Exemption for the City of Pontiac has been issue
Perform all aorkinonship and materials for soli erosion, water andsani'tary sewer rovers and adjustments in
actor dance with the Oakland County Water Resource Commissioners Standards, Details, and Spocltica
Maintain TtBFhc of roadway crossings in locc h-lance wiftt the Michigan Manual of Uniform Traffic Contro
Devices (MjV?U7CDry, plans and maintaining traffic special provision for tho duration of prole
providing local traffic access for other work in the area
The Contractor shall cooperate and coordinate construction activities with the owner; of utilities as stated in
Section 104.08 of the 2012 Michigan Dep:,ramont of rfansportation (MOOT) Slanddrd Specifications for
Construction. In addition, lot the protection of undaipround utilities, the Conr actol shall follow th
n-yunernents In S,,rdou 101, t 2 of the 2t1'i2 MDrA Standard Sperihrations for Construction, and thr Oakland
County Water Resourtes Commissioner and the technical specification: included in these bid docurricirl
Contractor delay Llama, aosutting from a vOry, will bo determined baser) upon Section 109.05E of the 2012
MOOT Standard Specifications for Constmaion-
The city Of Pontiac is the govern!e&:gene; atadi ra;arnaece.oaemichig.c+:tT;epauamcrs: o,"(aansna.•..afia'r
shah be Interpreted as the Clay of Pon dac,
in etr.Pa frart n.'..ae p)a7 °.c'dn?dale
1 EID
WD FOR RESURF,%CIII(i 1..15-MILE OF EMIMING Trams 0,Y4y SURFAtCC A, SIAOVJN IN ATTACHMENT A
M9DOT
ITEM ITEN!
e 1UNTSER CODENO.
Frem MSCRUPTON
Qr1ii
VNIT
UNITPRICE
AfgCUNr
1 1000535
_RCOC permit & f Orca Account
I
Ea
$9,6W$5
$ :2,(f i)'855_
2 15000G1
Bonds, Insurance and Mobilization
0
1
LS
$ . 4O&( ,{1p
('101, N1ax)
3 2020002
Tree, Rem, 19 inch to 36 Inch
1
Ea
$ _i iLz',I
4 2020004
Tree, Rem, 6 innh to 1 f inch
19
Ea
$ M-00 „ ,
$ S„ /44 K__ _
5 2040020
Curb and mintier, Rem
50
Ft
$ ILI )7
6 2040055
,Sidewalk, Rem
W9
Syd
$ t�t y5_._.,.=,1,0
7 2040070
Utility Pole, Rem
2
Ea
$
8 2047001
_Bridge Railing, Rem
272
Ft
$72 _
9 2p47050
_Bollard, Rem
40
Ea
$ J_ 5-QQ____
$ AIL 0.Q0
r0 2047050
_Boulder, Rem and Raleuate
5
Be
$ S75.00
11 2047000
_Concrete Cylinder, Ram
1
Ea
5 287 Sp
12 2047050
_Fence Gate Post, Rem
6
Ea
3d5.00 __
14
MOOT
11 EM
ITEM
NUMBER
C005NQ.
ITEM 6115CRiP3ION
or.
€dNr
VJNfr PRIU
AMOUNT
13
2047050
_Pena Gate, 12 Foot, Rem
2
Ea
$ 287.50 -.
$
14
2050016
Excavation, Earth
10
Cyd
$ '145.00_
$ ? t>70.0 _
15
2030036
Erosion Control, Silt Fence
1,165
rt
$ 5.45
16
3020010
Aggregate Base, Limestone,
65
Ton
$
4 inch
------
17
3027002
Aggregate Base, Conditioning
74
sTA
$ 1,328.72
18
4030005
Di Structure Cover, Adj, Case I
1
Ea
$ 1.15!1,U0,
$ 1,1.50,00,___
19
6027001
_Curb and Gutter, cony,
214
1't
S 5L7i
$ If ItTlY)
20
bono10
Detectable Warning Surface
76
Ft
$
21
8030036
Sidewalk Ramp, Conc, 6 inch
1,555
Sit
5 11.50 - __.
$ 17; 82.50
22
8030046
Sidewalk, Conc, 6 Inch
2,566
S1t
$ 8.63
23
8067001
_Shared Use Path, Grading,
688
Ft
Special
----
24
8067031
Shared use Path, Aggregate,
1,503
Ton
$ 50.60
$ 76.051 n(?
ModiFled
----
25
8067031
Sharecl use Path, Aggregate,
26
Ton
$ 57,50
$
Special
,
26
8077001
—Bridge RaiOng
272
Ft
;, 1J(2L27._
$27,R19.50__
MDM
IT Elm
ITEM
NUM 11
CODE, NO,
rf(M UC:SCITWRON
QTY
UNIT
UNIT PRICE
AK40UNT
27
8100010
_Band, Sign
1
Ea
$ 115.00
$ tl 15 06 _
28
8100371
Post, Steel, 3 Lb
525
Ft
29
8100403
Sign, Type III, Rem
11
Ea
$
30
8100404
Sign, Type IIIA
55
Sft
$
31
3100405
Sign, type IAB
2S0
Stt
$ 23�7.i
32
6100411
Sign, Type IVE3
13
So
$.51.75
33
8100517
ivtast Arm Pole, Cat III
I
E-a
$ r"f,250.00- _
5 L,(1ryU,00
34
8100546
Mast Arm; 50 foot, Cat III
I
Ea
$ ,j, 1,t.7. 50_
1 Lb?'.5ij
15
8107001
Mast Arm Pole Fdn, RCOC
18
Ft
36
8107001
Past, Steel, 3 Lb, Modified
264
Ft
$ 1725
$ 4 554.00
37
8107050
_Fixed 6oliaid
12
Ea
$,1,J„�i$,¢f1
$ 1599i7.t77
38
8107050
_Removable Bollard
6
Ea
$ 11,040.00
39
8107050
_Sign, Rom and Relocate
10
Ea
40
8107050
, Wayside, Rani and Reinstall
1
Ea
)E
MDO1
N11CAfBrg
CODENO.
lTEMl 4DESCRtPVON
QY—.,
UNIT
UNFT PRICE
AMOUNT
41
8110023
Pavf Mrkg, Ovly Colfi PiasliC, 4
77
Ft
S L445
Inch, Yellow
--------
--
42
&170204
Pevtfvbh , Preformed
essible
1
Ea
$ 0.02.50
(
Thermoplastic, Ae, Sym
",
,
43
6110203
Pavt iv,rka, Watei tiorne, for Rest
124
Ft
< 2,24
S 7
7R,07
Areas, Parks, & I On, 4 inch, Blue
_...._. -_
-,
4a
8110294
Pavi Urkn, Watorhome, for Resl
19,
Ft
$ 2 0
ti
;�1,
Arean, Parks, & Lots, 4 inch,'Q ite
,
-�,_4
45
8110343
Rem Spec Mrkg
315
Sit
$ j..i9
$"?6r63.6�4_
46
lti 17061
-Pavt, lvhkg, Ovl'9 Cold Pfastic, 24
430
r-t
$ i4.38
> + 13 ?'•
Inch, wilts, Cr ,c-.n'alk
--
- --
117
8117001
-Povt, Nirkg, Watarbo'ne, 24luch'
16C
Ft
5 6 IL
White, Stop Bar
48
8117050
_Map Box, Rortr and Relocate
2
Ea
$ 'S60'00
49
8127051
-Mamtenence of '("rafac
I
i,S
$ !-1.9 �(7-�U
$ 14_513OXI)
SO
8167050
-_Washout Slope Restoration
5
Ea
$ 1,925,00
$,8,025.00
51
8167051
_Restorahon
1
L8
$ L9-710.25
52
8190156
COrAL t, Schedule 80 PVC,
6
Ft
13.U3
; 78.13
1 1/2 inch
.53
8190159
Condurt, Schedule, 80 PVC; 3 inch
141
Ft
$
54
8190260
Hh, Round
I
Ea
S ,L55,5_,95 ,
S_1,555.95
17
Mli
ITEM
ITEM
ITEM iDESCRiP"4tlON
C@W
UNIT
UNIT PRICE
AMOUNT
NUMBER
CODENO.
65
8190498
Wood Pole, Fit Up, Sec Sere Pole
1
Ea
$ lAQ9 7U_._
$ 1,00210
54
8197001
_Cattle, Sec, 000V, 1, 21C;#4, #6
160
Ft
$ ,12�83, _
$ 1 925,10 . _..
Ground, RCOC
57
8197001
_Conduit, Directional Bore,
66
Ft
$
2, 4 inch, RCOC
58
81971
_Hh, Square, RCOC
2
Ea
$ �,5ti(1y5,
$ 7.100.10
55
8200045
Controller rdn, Base Mount
1
Ea
$,4;_'09.65
$
50
S200105
Pedesial. Fdn
Ea
$ 667.00 _
S 6 '.00 _
61
8200116
Pavdor Co (Eat Cost tc Contractor)
3,W0
Pir
$3,500,00
62
8200121
Pushbutton 86d Sign
2
Ea
63
8200135
Sere Dlsconnect
1
Fa
64
8200336
Y5, Pedestrian,Ea One Way Biacket
» -
$ Ih�.-VU _
I.I2 µ.40
$ _ __ _
Arne Md (LED) Countdown
TS, Pedestrian, One Way i odestoi
I
Ea
$ I.1Gi.45
$ 1,107.45
65
6200345
Mid (LED) Coin itdown
,
66
6200480
Casing
18
Ff
67
8207050
_Cabinet, ITS Type TS2, RCOC
I
Ea
$ 4,4j 9 65
$ ?, 19_65 _
13
MDOT
ITEM 17EM ITEM 91ESCR r'DON clT': UNIT UNIT PRICE AMOUNT
NUMBER
COCDEND.
_Cabinet, ITS Type, Delivered, 1
68
8207050
RCOC
68
8207050
Controller, Digital Type, I
Delivered, Modified, RCOC
70
8207050
Pedestal, Alum, RCOC 1
71
8207060
_TS, Dire they Masi Arm Md, h
Thick: Sect (LED). RCUC
Ea $1Z 312JQ_
$ 17,313. t0
Ea $ 937.25
$ 93,7 2�.
Ea„
-
TOTAL 61D
A64OUNT $ 6t?.4P6:23
(i!E C6i ;' Ofi F'G"r�YfaC fsL.tiEf'r?'ES a}!:': RJvi.!-! tt_t rf,•Ci;E.,.`.l" :;R Ou ikEr4,'e Ai`1'( t�,UKti';7: OR UE1.C!E k,•'Y
iTEiw(51 CW k:+OR:t AS IT O.'.EvIiS u•' THE Z C'S! IO T E.4E-;T Ur I t ir, Ci?:'. 'i l-1ERE WILL BE a!Cl 'iD1DG i a vE•'T5 fry
Ur'I" €Rh:£.t ir' if fE 'ti'K•'t :9t� r�•1CRJ:ntiE;,, I,;!iCREtScfr DR DELETlO{V5.
THE SUCCESSFUL FlDvER WILL HE PAID AT fWE AS BID VNIT PRICES FOR THE UNITS OF WORK COMPLETED
AND ACCEPTED.
ADD 11CWI.RJ!ATE BIDS: THE SUCCESSFUL WEIDER AGREES TO HONOR THE AS BID U,"IT PRICES FOR THE
DUriy;'Ftoo! OF ?)%7 '1'0 CONIPLEi'E Af.4liJYlOrlA)_ S IOR;: 90 ADJACENT SLCTIG; IS OF TRAIL IN NEIGHBORING
C0,11o,UEITHES SHOULD ADDtTIO INL PROJECTS OUSE,
(Please check a bo: below).
`CE$
NO
19
The Undersigned hereby declares that he/she or they are this only person(s), firm or corporation
interested in this bid as principal, and that it is made without any connection with any other person(s),
firm or corporation submitting a bid for the same
The Undersigned hereby declares that they have read and understand all conditions are outlined in the
Request for Bids and that the bid is made in accordance with same.
The Undersigned hereby declares that any persun(s) employed by the riry of Pontiac, Michigan who has
direct or indirect personal or financial interest in this bid or in any portion of the profits that may be
derived therefrom has been identified and the into disclosers by separate attachment.. (please Include
in your disclosure any interest which you know of. An example of a direct interest would he a City
employee who would be paid to perfoi m services undoi this bid An example of an Indirect interest would
be a City enipiuyee who Is related to any officer, cut I)levees, principal nr shax'holdet5 of ypur firm or to
you. If! n doubt as to status or intorrjst. please dis:IUse to the exsani mown),
The Bidder acknowledges the receipt of Addenda numbered ;,_J_
Note: Bids mist bear this handwritirn vgnature of a duly authnncad member or employee of sun
organization submitting a bid.
1 aitcd that the bid indudo.s ail information ne, nsJr; for the City of fbnhact o accept the bid Frimpan
Name Anglin Civil, LIX
Add less _i 3 lArU hot:h L_a.�1 :I 1'_1; \111^!Sr;
Representative Signature::
Print Name: Cody Blunt
Title: Estimator
Office#,_!S -t@3_' (Ni—.� -- ---- --- Cell# 989-621-2f75
FA;(+7_ PederalTeaIDli V-P7 626A
EMAI LAddress of Pri mart' Contact. cod �'a ane.(utci�ll.cotn
Contractor Signac...... _ `.._- ..__;..._ __...._ _Date /16/2021
i.orar^, nr, reel i,gu2ran5ee Write for}vo;!d fqt the_r,,omytiedon acid n� ceoiance uj_;zis tirolpc;:
Public Body's Grant Match Requirements
The total cost of this project is $726,000, which includes preliminary engineering, construction costs,
construction engineering and grant administration. There is a prerequisite condition for the funding
from the Community Foundation of Southeast Michigan to secure matching funds of no less than than
$1 of matching funds for every $1 of grant funds.
The requested County American Rescue Plan Act of 2021 funds will be leveraged with the following
funds, which have already been secured for the Clinton River Trail Safety & Maintenance
Improvement Project:
• City of Sylvan Lake (General Fund) $10,000
• City of Pontiac (Neighborhood Empowerment Grant) $10,000
• Community Foundation of Southeast Michigan (Pontiac Funders Collaborative) $37,000
• Friends of the Clinton River Trail (General Fund) $30,000
• Community Foundation of Greater Rochester $213,000
• Community Foundation of Southeast Michigan (RCWJ Trails Maintenance Fund) $300,000
• Trinity Health- St Joseph Mercy Oakland (Community Benefit Grant) $6,000