HomeMy WebLinkAboutResolutions - 2025.05.22 - 42118
AGENDA ITEM: Grant Acceptance - FY 2025 Michigan Invasive Species Grant
DEPARTMENT: Parks & Recreation
MEETING: Board of Commissioners
DATE: Thursday, May 22, 2025 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2025-5222
Motion to accept the grant award from the Michigan Department of Natural Resources in the amount
of $69,700 for the FY 2025 Michigan Invasive Species Grant Program for the term ending April 30,
2026; further, authorize the Chair, or his designee, to execute any documentation required for the
grant award, pursuant to the Oakland County Grant Policy and Procedures; further, that the budget
is amended as reflected in the attached Schedule A - Budget Amendment document for the grant
acceptance.
ITEM CATEGORY SPONSORED BY
Grant Brendan Johnson
INTRODUCTION AND BACKGROUND
The Michigan Department of Natural Resources (MDNR) through its Michigan Invasive Species
Grant Program (MISGP) provides funding for a number of competitive grant categories and also
provides non-competitive funding for core operation of Cooperative Invasive Species Management
Areas (CISMAs) including the Oakland County CISMA, which is operated by OCP.
This is the second year that OCP has applied for and received MDNR funding for invasive species
management, including funds to continue road right-of-way treatments of invasive species in
partnership with the Road Commission for Oakland County (RCOC), treatment of high priority
species spotted lanternfly and European frogbit, and education and outreach materials.
POLICY ANALYSIS
FISCAL IMPACT: Budget Amendment Attached
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Sarah Cook-Maylen, Chief Parks & Recreation
Melissa Prowse, Manager - Parks & Recreation Planning & Development
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 5/23/2025
AGENDA DEADLINE: 05/08/2025 4:30 PM
ATTACHMENTS
1. Schedule A - FY 2025 Michigan Invasive Species Grant
2. Grant Review Signoff
3. IS_Project_Agreement_2023
COMMITTEE TRACKING
2025-05-13 Legislative Affairs & Government Operations - Recommend to Board
2025-05-22 Full Board - Adopt
Motioned by: Commissioner Angela Powell
Seconded by: Commissioner Christine Long
Yes: Charles Cavell, Ann Erickson Gault, Marcia Gershenson, Robert Hoffman, Brendan
Johnson, Karen Joliat, Christine Long, Penny Luebs, Gwen Markham, Kristen Nelson, Angela
Powell, Yolanda Smith Charles, Michael Spisz, Linnie Taylor, Philip Weipert, David Woodward
(16)
No: None (0)
Abstain: None (0)
Absent: Michael Gingell, Robert Smiley (2)
Passed
Oakland County, Michigan
Oakland County Parks and Recreation
FY 2025 Michigan Invasive Species Grant
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project
ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2025
Amendment
FY 2026
Amendment
FY 2027
Amendment
R Parks and Recreation PR Natural Resources FND5080
0
CCN5060103 RC615571 PRG160431 GRN-1004631 615000 State Operating Grants $69,700 $-$-
Total Revenues $69,700 $-$-
E Parks and Recreation PR Natural Resources FND5080
0
CCN5060103 SC730814 PRG160432 GRN-1004631 730000 Grounds Maintenance $69,700 $-$-
Total Expenditures $69,700 $-$-
GRANT NAME: 2025 Invasive Species Grant Program
FUNDING AGENCY: Michigan Department of Natural Resources
DEPARTMENT CONTACT: Melissa Prowse 248-249-2801
STATUS: Acceptance (Greater than $10,000)
DATE: 05/08/2025
Please be advised that the captioned grant materials have completed the internal grant
review. The comments returned are below.
The Board of Commissioners’ liaison committee resolution and grant acceptance package
(which should include this sign-off and the grant agreement/contract with related
documentation) should be downloaded into Civic Clerk on the next agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board
resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Shannon Lee (05/08/2025)
Human Resources:
Approved by Human Resources. No position impact– Heather Mason
(04/28/2025)
Risk Management:
Approved. The agreement allows the County to self-insure the insurance requirements.
Allows the County to self-insure – Robert Erlenbeck (04/28/2025)
Corporation Counsel:
Approved. Corporation Counsel conducted a legal review of the provided documents and
found no unresolved legal issues. – Heather Lewis (04/30/2025)
Project Title: Enhancing OC CISMA Across Oakland County
This Agreement is between Oakland County , Unit of Government (Federal, Tribal, State, Local), in the county of
Oakland County, hereinafter referred to as the ³GRANTEE,´and the MICHIGAN DEPARTMENT OF NATURAL
RESOURCES, an agency of the State of Michigan, hereinafter referred to as the ³DEPARTMENT.´Funds are
appropriated from the State of Michigan General Fund to the DEPARTMENT for the Michigan Invasive Species Grant
Program (MISGP), through which the DEPARTMENT may issue grants for projects in the state that address strategic
issues of prevention, detection, eradication, and control for both terrestrial and aquatic invasive species.
The purpose of this Agreement is to provide funding in exchange for work to be performed for the project named below.
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Project #: IS24-0060
Amount of grant: $69,700.00 Start Date: Date of Execution by DEPARTMENT
End Date: 04/30/2026
As a precondition to the execution of the Agreement, the GRANTEE is required to sign the Agreement and return it via
MiGrants to the DEPARTMENT within 60 days of the date the Agreement is issued, or the Agreement may be
FDQFHOOHGE\WKH'(3$570(17This Agreement is not effective until the GRANTEE has signed it, returned it,
and the DEPARTMENT has signed it. The Agreement is considered executed when signed by the DEPARTMENT.
The individuals signing below certify by their signatures that they are authorized to sign this Grant Agreement on behalf
of their agencies, and that the parties will fulfill the terms of this Agreement, including any attached appendices, as set
forth herein.
GRANTEE
SIGNED
By:
Title:
Date:
SIGMA Vendor Number
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
Grants Manager
By:
Date of Execution by DEPARTMENT
SIGNED
2024 Invasive Species Grant Program Project Agreement
This information is required by authority of Part 5 of Act 451, P.A. 1994 as amended, to receive funds.
SIGMA Address ID
CV0048080 00172
PR5756 (7/28/2021)1 of 7
I.CONTACT INFORMATION
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documents, or actions required of the GRANTEE shall be submitted to the contact below.
GRANTEE ADMINISTRATIVE CONTACT
Name/Title
Organization
Address
Telephone Number
E-mail Address
Address
DEPARTMENT ADMINISTRATIVE CONTACT
Name/Title
Organization
Address
Telephone Number
E-mail Address
Address
Erin Campbell - MISGP Program Manager
Grants Management/Finance & Operations/Lansing
:$OOHJDQ6WUHHW/DQVLQJ0,
P.O Box 30425
(269) 300-9698
All notices, reports, requests or other communications hereunder shall be sufficiently given when mailed or emailed
DQGDGGUHVVHGDVLQGLFDWHGLQWKLVVHFWLRQ7KH'(3$570(17DQG*5$17((PD\E\ZULWWHQQRWLFHGHVLJQDWHD
different address to which subsequent notices, reports, requests, or other communications shall be sent.
II.PROJECT SCOPE
The MISGP application #IS24-0060 uploaded to MiGrants is, by this reference, made part of this Agreement. This
Agreement, together with the application, constitutes the entire Agreement between the parties.
Costs must be allowable, allocable, reasonable and consistent with the budget identified for completing the project as
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ZULWLQJ2QO\WKHDJUHHGXSRQSURMHFWFRVWVLQFXUUHGGXULQJWKHSURMHFWSHULRGDUHHOLJLEOHIRUJUDQWSD\PHQWXQOHVV
otherwise approved in writing by the DEPARTMENT.
III.PROJECT PERIOD
The project period is from the date of execution by the DEPARTMENT through the end date identified on page 1 of this
$JUHHPHQW7KH*5$17((LVH[SHFWHGWRFRPSOHWHWKHSURMHFWZLWKLQWKHSURMHFWSHULRG5HTXHVWVE\WKH*5$17((
WRH[WHQGWKHSURMHFWSHULRGPXVWEHPDGHLQZULWLQJDPLQLPXPRIGD\VEHIRUHWKHH[SLUDWLRQRIWKHSURMHFWSHULRG
Extensions to the project period are at the discretion of the DEPARTMENT and may be made only by an amendment
to this Agreement.
IV.GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS
The GRANTEE must complete and submit via MiGrants, bi-annual progress reports in accordance with the template
DQGLQVWUXFWLRQVSURYLGHGE\WKH'(3$570(177KLVLQFOXGHVEXWLVQRWOLPLWHGWRDQDUUDWLYHUHSRUWDQGGHOLYHUDEOHV
WUDFNLQJSURJUHVVRQWKHSURMHFWSURSRVHGLQWKHDSSOLFDWLRQDVSDUWRIWKLV$JUHHPHQW
campbelle6@michigan.gov
Reporting Period
Date of Execution - March 31
Due Date
April 30
April 1 - September 30 October 30
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The GRANTEE is also required to adhere to the following requirements independent of progress reporting:
The GRANTEE in consultation with the technical contact assigned to their grant must submit project data to the
Midwest Invasive Species Information Network (MISIN).
The GRANTEE based upon a request from the DEPARTMENT shall provide all project research or field
collected data and other associated materials pertaining to the identified scope of work outlined in the
agreement and / or application. Refer to section VIII. ³Use of Material and Intellectual Property Rights and
Licenses´
The GRANTEE in consultation with the technical contact assigned to their grant must provide the
DEPARTMENT a 30-day advance notice of the date, time, and location for outreach activities, trainings,
workshops or field work.
The GRANTEE in consultation with the technical contact assigned to their grant must provide the
DEPARTMENT a 30-day review period for communication/outreach material and acknowledge funding by the
MISGP program.
Within 60 days of project completion, the GRANTEE must submit a final narrative report, final deliverables, and a final
reimbursement request via MiGrants and in accordance of the instructions provided by the DEPARTMENT.
V.CHANGES
Any changes to this Agreement requested by GRANTEE must be made in writing to the DEPARTMENT and are
subject to DEPARTMENT approval in its sole discretion. Changes requiring an amendment to this Agreement, will be
executed by the DEPARTMENT and the GRANTEE in the same manner as this Agreement.
VI.GRANTEE RESPONSIBILITIES
The GRANTEE agrees to abide by all applicable local, state, and federal laws, rules, ordinances, and regulations in the
performance of this grant.
The GRANTEE agrees to obtain all necessary permits before commencement of the project. This Agreement shall not
be construed to obligate the DEPARTMENT or any other agency to issue any permit required for the completion of the
project. 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. The GRANTEE will retain a copy of all permits in the file
and make them available to the DEPARTMENT upon request.
The GRANTEE affirms to have control of the project area through fee-simple title, lease or other recorded interest in
the project area or written permission from the owner of the project area to complete project activities.
The GRANTEE, their contractors and volunteers will take steps to minimize the risk of spreading terrestrial and aquatic
invasive species during this project. Selection of project-appropriate measures should be dependent on the type of
work being conducted and the specific situation, including proper decontamination and disposal. Consult the Invasive
Species Decontamination Guide for Field Operations in Michigan at www.michigan.gov/invasives for details
The GRANTEE agrees to abide by all state and federal threatened and endangered species regulations when
providing treatment for aquatic and terrestrial invasive species.
The GRANTEE agrees to follow all state and federal laws related to pesticide application.
This Agreement shall not be construed to require the DEPARTMENT to operate or maintain or to contribute to the
operation or maintenance of the project improvements and associated project activities that are the subject of this
Agreement for the course of the expected useful life.
The GRANTEE is solely responsible for the operation and maintenance of the project activities that are the subject of
this Agreement and the actions of any employee or agent of the GRANTEE acting within the scope of their employment
or agency.
The GRANTEE shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278, as amended,
MCL 423.321 et seq.
VII.PURCHASING AND CONTRACTING
The GRANTEE agrees to adhere to all contracting and procurement requirements as outlined in the MISGP Handbook
for the year the grant award was issued or the most recent MISGP Handbook.
The DEPARTMENT reserves the right to deny the use of any consultant, contractor, associate, or other personnel to
perform any portion of the project. The GRANTEE is solely responsible for all contractual activities performed under
this Agreement. Further, the DEPARTMENT will consider the GRANTEE to be the sole point of contact with regard to
contractual matters, including payment of any and all charges resulting from the anticipated grant. All subcontractors
used by the GRANTEE in performing the project shall be subject to the provisions of this Agreement and shall be
PR5756 (7/28/2021)3 of 7
qualified to perform the duties required.
VIII. USE OF MATERIAL AND INTELLECTUAL PROPERTY RIGHTS AND LICENSES
Unless otherwise specified in this Agreement, the GRANTEE may release information or material developed under this
Agreement, provided it includes specific recognition of assistance received from the MISGP.
For research related Agreement Activities, State acknowledges that Grantee will be the sole and exclusive owner to all
right, title, and interest in Grantee Data, and research related Agreement Activities, excluding State Data. ³Grantee
Data´shall be defined as data collected from sources other than the State or data generated as the result of the
research related Agreement Activities. Grantee grants the State a royalty-free, perpetual, non-exclusive, irrevocable,
and unlimited license to use, publish, or otherwise distribute all such research related Agreement Activities, Grantee
Data, materials, or ideas created and developed by Grantee under this Agreement for non-commercial purposes,
throughout the world. Ownership of anything created by Grantee shall be subject to 37 CFR Part 401. For Agreement
Activities that are Works Made for Hire as defined in Section 101 of the Copyright Act of 1976, Grantee hereby
acknowledges that the State is and will be the sole and exclusive owner of all right, title, and interest in the Agreement
Activities and all associated intellectual property rights.
IX.ASSIGNABILITY
This Agreement and grant may not be transferred or assigned to any other agency, group, or individual without prior
written approval by the DEPARTMENT.
X.NON-DISCRIMINATION
The GRANTEE shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq.,
the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal,
state, and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate
against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect
to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to
employment, because of his or her sex, race, color, religion, national origin, residence, age, height, weight, familial
status, marital status or disability that is unrelated to the individual¶s ability to perform the duties of a particular job or
position. The GRANTEE agrees to include in every subcontract entered into for the performance of this Agreement this
covenant not to discriminate in employment. A breach of this covenant is a material breach of this Agreement.
No individual shall be denied access to grant-funded facilities or activities on the basis of sex, race, color, religion,
national origin, residence, age, height, weight, familial status, marital status or disability.
XI.LIABILITY
The GRANTEE hereby represents that it will defend any suit brought against either party that involves title, ownership,
or specific rights, including appurtenant riparian rights, of any lands controlled by the GRANTEE connected with or
affected by the project.
The GRANTEE is responsible for all claims, demands, judgments, and expenses, including attorney fees, from any and
all loss, damage, or injury to person or property, or death arising under or in any manner related to the Agreement, the
activities authorized by the Agreement or the use and occupancy of the premises, project area or facilities.
XII.CONFLICT OF INTEREST
No government employee, or member of the legislative, judicial, or executive branches, or member of the GRANTEE¶s
Board of Directors, its employees, partner agencies, or their families shall benefit financially from any part of this
Agreement.
XIII.ANTI-LOBBYING
The GRANTEE shall not use any of the grant funds awarded in this Agreement for the purpose of lobbying as defined
in the State of Michigan¶s lobbying statute, MCL 4.415(2 ³µLobbying¶means communicating directly with an official of
the executive branch of state government or an official in the legislative branch of state government for the purpose of
influencing legislative or administrative action.´
XIV.DEBARMENT AND SUSPENSION
By signing this Agreement, the GRANTEE certifies to the best of its knowledge and belief that it, its agents, and its
subcontractors:
1.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any federal department or the state.
2.Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, as
defined in 45 CFR 1185; violation of federal or state antitrust statutes or commission of embezzlement, theft,
PR5756 (7/28/2021)4 of 7
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
3.Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or
local) with commission of any of the offenses enumerated in subsection (2).
4.Have not within a three-year period preceding this Agreement had one or more public transactions (federal,
state, or local) terminated for cause or default.
XV.IRAN SANCTIONS ACT
By signing this Agreement, the GRANTEE is certifying that it is not an Iran linked business, and that its contractors are
not Iran linked businesses, as defined in MCL 129.312.
XVI.AUDIT AND ACCESS TO RECORDS
The DEPARTMENT reserves the right to conduct a programmatic and financial audit of the project and may withhold
payment until the audit is satisfactorily completed. The GRANTEE will be required to maintain all pertinent records and
evidence pertaining to this Agreement, including grant funds, in accordance with generally accepted accounting
principles and other procedures specified by the State. The State or any of its duly authorized representatives must
have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of
inspection, audit, and copying. The GRANTEE will provide proper facilities for such access and inspection. All records
must be maintained for a minimum of seven years after the final payment has been issued to the GRANTEE by the
DEPARTMENT.
XVII.INSURANCE
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 DEPARTMENT at its request.
XVIII.OTHER SOURCES OF FUNDING
The GRANTEE agrees to notify the DEPARTMENT immediately if funding for the same or a substantially similar
project is received and to cease all activity under this Agreement until the difference in scope between projects is
identified and agreed upon by all parties.
The GRANTEE guarantees that any claims for reimbursement made to the DEPARTMENT under this Agreement must
not be financed by any source other than the DEPARTMENT under the terms of this Agreement. If funding is received
through any other source, the GRANTEE agrees to delete from GRANTEE's billings, or to immediately refund to the
DEPARTMENT, the total amount representing such duplication of funding.
XIX.ADVANCE AND REIMBURSEMENT
The DEPARTMENT will make payment to the GRANTEE as follows:
1.The DEPARTMENT will pay the GRANTEE a total amount not to exceed the amount on page 1 of this
Agreement, in accordance with the application. Any cost overruns incurred to complete the project activities
called for by this Agreement shall be the sole responsibility of the GRANTEE.
2.To be eligible for payment, the GRANTEE must submit a complete payment request to the DEPARTMENT on
form(s) provided by the DEPARTMENT and have satisfied all progress reporting requirements due prior to the
date of the payment request.
3.The GRANTEE may request up to fifty percent (50%) of the approved grant amount as an advance prior to
incurring costs. The advance amount requested must be reasonable in relationship to the project¶s cash flow
and necessary for the success of the project. The entire advance amount must be earned and documented on a
reimbursement request before additional payments will be made to the GRANTEE.
4.The GRANTEE is required to submit documentation of all costs incurred to the project. Documentation of
expenditures must meet written DEPARTMENT requirements as specified in the MISGP Handbook for the year
the grant was issued or the most recent version of the MISGP handbook. The DEPARTMENT reserves the right
to request additional information necessary to substantiate payment.
5.The GRANTEE must submit a reimbursement request within six months of incurring project expenses. The
reimbursement request must be for a specific identified time period and must contain all grant expenses that
have occurred during that time period. Expenses not submitted within the correct time period or older than six
months may be considered ineligible for payment.
6.The GRANTEE must be a registered vendor with the State of Michigan SIGMA Vendor Self Service (VSS)
system to receive payments. The registration website is:
https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService. All grant funds will be paid by Electronic
Funds Transfer (EFT).
7.Due to the State¶s year-end closing procedures, an estimate of expenditures from the GRANTEE¶s last
reimbursement request through September 30 must be submitted to allow the State to complete its accounting
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for that fiscal year. Advance notification regarding the due date for the estimate of expenditures will be sent to
the GRANTEE.
8.The DEPARTMENT will hold back 10% of the approved grant amount until review and approval of project
completion. Final payment of the remaining ten percent (10%) of the approved grant amount will be released
upon DEPARTMENT approval of the GRANTEE¶s Final Narrative Report, Final Deliverables Workbook, Final
Reimbursement Request and satisfactory project completion as determined by the DEPARTMENT.
XX.CLOSEOUT
A determination of project completion, which may include a site inspection and an audit, shall be made by the
DEPARTMENT after the GRANTEE has satisfactorily completed the reporting activities, and provided products and
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Upon issuance of final payment from the DEPARTMENT, the GRANTEE releases the DEPARTMENT of all claims
against the DEPARTMENT arising under this Agreement. Unless otherwise provided in this Agreement or by State
law, final payment under this Agreement shall not constitute a waiver of the DEPARTMENT¶s claims against the
GRANTEE. All records must be maintained for a minimum of seven years after the final payment has been issued to
the GRANTEE by the DEPARTMENT.
The GRANTEE shall immediately refund to the DEPARTMENT any payments in excess of the costs allowed by this
Agreement.
XXI.CANCELLATION
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.
XXII.TERMINATION
This Agreement may be terminated by the DEPARTMENT as follows:
1.Upon 30 days written notice to the GRANTEE:
a.If the GRANTEE fails to comply with the terms and conditions of the Agreement, or with the
requirements of the authorizing legislation, or the rules promulgated thereunder, or other
applicable law or rules.
b.If the GRANTEE knowingly and willingly presents false information to the DEPARTMENT for the
purpose of obtaining this Agreement or any payment under this Agreement.
c.If the DEPARTMENT finds that the GRANTEE, or any of the GRANTEE¶s agents or
representatives, offered or gave gratuities, favors, or gifts of monetary value to any official,
employee, or agent of the State in an attempt to secure a subcontract or favorable treatment in
awarding, amending, or making any determinations related to the performance of this Agreement.
d.If the GRANTEE or any subcontractor, manufacturer, or supplier of the GRANTEE appears in the
register of persons engaging in unfair labor practices that is compiled by the Michigan Department
of Licensing and Regulatory Affairs or its successor.
e.During the 30-day written notice period, the DEPARTMENT shall withhold payment for any findings
under subparagraphs a through d, above and the GRANTEE will immediately cease charging to
the grant.
2.Immediately and without further liability to the DEPARTMENT if the GRANTEE, or any agent of the GRANTEE,
or any agent of any subcontract is:
a.Convicted of a criminal offense incident to the application for or performance of a State, public, or
private contract or subcontract;
b.Convicted of a criminal offense, including but not limited to any of the following: embezzlement,
theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or attempting
to influence a public employee to breach the ethical conduct standards for State of Michigan
employees;
c.Convicted under state or federal antitrust statutes;
d.Convicted of any other criminal offense that, in the sole discretion of the DEPARTMENT, reflects
on the GRANTEE¶s business integrity; or
e.Added to the federal or state Suspension and Debarment list.
If the DEPARTMENT terminates this agreement as provided in Section XXII, the DEPARTMENT may require the
GRANTEE to repay all or a portion of funds used in violation of this Agreement.
Failure of the GRANTEE to comply with any of the provisions of this Agreement shall constitute a material breach of
this Agreement. Upon breach of the Agreement by the GRANTEE, the DEPARTMENT, in addition to any other
PR5756 (7/28/2021)6 of 7
remedy provided by law, may:
a.Terminate this Agreement; and/or
b.Withhold and/or cancel future payments to the GRANTEE under this Agreement or any other grant
projects administered by DEPARTMENT 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 and/or
d.Require repayment of grant funds paid to GRANTEE in violation of this Agreement; and/or
e.Require specific performance of the Agreement.
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