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HomeMy WebLinkAboutResolutions - 1985.07.25 - 11183Miscellaneous Resolution No. 85216 July 25, 1985 By Planning and Building Committee - Anne M. Hobart, Chairperson IN RE: Oakland/Pontiac Airport - GRANT ALLOCATION WITH FEDERAL AVIATION ADMINISTRATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the 1985 Airport Capital Improvement Program as adopted by the Oakland County Airport Committee and approved by the Oakland County Board of Commissioners by Miscellaneous Resolution No. 85169 on May 23, 1985 included lighting system renovation at Oakland/Pontiac Airport and proposed funding of $161,000.00 from the Federal Aviation Administration; and WHEREAS the County of Oakland is in receipt of a Federal Aviation Administration grant allocation, Project No. 3-26-0079-0385, for the development and improvement of the Oakland/Pontiac Airport on .a 90 percent matching basis in a maximum obligation of $161,000.00 of the total project cost of $181,000.00; and WHEREAS the development project consists of rehabilitation of the lighting system for Runway 9R/27L, the parallel taxiway and other associated lighting work; and WHEREAS the County's match is in the form of reimbursement for land previously purchased and no additional County funds are required; and WHEREAS the Airport Committee has reviewed and approved the Grant subject to ratification by the Oakland County Board of Commissioners and believe it to be in the County's interest to accept the Grant. NOW THEREFORE BE IT RESOLVED that the County of Oakland enter into a Grant Agreement, Project No.. 3-26-0079-0385, with the Federal Aviation Administration for the purpose of obtaining federal aid for the development of the Oakland/Pontiac Airport. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commis- sioners is hereby authorized to execute the Grant Agreement on behalf of the County of Oakland. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Page 1 of 6 Pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Date of Offer: MN 03 1985 Oakland-Pontiac Airport Project No.: 3-26-0079-0385 Contract No.: AIPFA85-GL-544 TO: County of Oakland, Michigan (herein called the "Sponsor") FROM: The United_States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated December 7, 1984, for a grant of Federal funds for a project at or asso- ciated with the Oakland-Pontiac Airport which Project Application, as ap- proved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: "Rehabilitate HIRL - Runway 9R/27L; Rehabilitate MITL - Taxiway "C" from Taxiway "M" to Taxiway "H", apron edge, and Taxiway "H" from Taxi- way "A" to Runway 9R/27L." all as more particularly described in the Project Application. FAA Fr-r7r ..... .. _ .. Page 2 of 6 Pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provi- sions of the Airport and Airway Improvement Act of 1982, herein called the 'Act', and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the repre- sentations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, alpd (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein pro- vided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of the allowable costs incurred in accomplishing the Project, 90 percentum thereof. This Offer is made on and subject to the following terns and conditions: Conditions 1. The maximum obligation of the United States payable under this Offer shall be $161,000.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: -0- for planning -0- for land acquisition $161,000.00 for airport development or noise program implementation (other than land acquisition). The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration es to allowability under the Act. 3. Payment of the United States share of the allowable project costs' will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Unless otherwise stated in this grant agreement, any program in- come earned by the Sponsor during the grant period shall be de- ducted from the total allowable project costs prior to making the final determination of the United States' share. Final determina- tion of the United States' share will be based upon the final audit of the total amount of allowable project costs and settle- ment will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue - delays and in accordance with the terms hereof, and such regula- tions and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. FAA Form 5100-37 -(8/84) Page 3 of 6 Pages 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be obli- gated to pay any part of the costs of the *oject unless this offer has been accepted by the Sponsor on or before July 15, 1985, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if neces- sary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any , other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term - "Federal funds" means funds however used or dispersed by the Spon- sor that were originally paid pursuant to this or any other Feder- al grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal ehare of such funds. it shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secre- tary. It shall furnish to the Secretary, upon request, all docu- ments and records pertaining to the dtermination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, in- volving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for Oamege to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement, and the Sponsor shall hold the United states harmless from all claims arising from, or related to, completion of the project or the Sponsor's continuing compliance with the terms, conditions, and assurances of this grant agreement. 9. It is hereby understood and agreed by and between the parties hereto that the Federal Aviation Administration in tendering this Offer on behalf of the United States of America recognizes the existence of an agency relationship between the County of Oakland, Michigan, as principal, and the Michigan Aeronautics Commission, successor to the Michigan Department of Aeronautics, as agent, created by the Agency Agreement on Airports entered into on August 24, 1967. The Sponsor agrees that it will not amend, modify, or terminate said Agency Agreement without prior approval, in writ- ing, by the FAA. FAA Form 5100-37 (8/84) Page 4 of 6 Pages 10. It is hereby understood and agreed that a. This grant offer is made and accepted based upon the certifi- cations made by the sponsor, dated June 11, and September 4, 1984. b. The acceptance of a certification shalfbe rescinded when it is determined that either (1) the Sponsor has not, in fact, complied with the requirement or requirements as stated in the certification or, (2) in the case of prospective compliance, it appears that the Sponsor will be unable or unwilling to comply with the requirement or requirements to Which the cer- tification relates. If either such determination is made after the grant agreement has been executed, the grant may be suspended in accordance with the provisions of Part 152 of the Federal Aviation Regulations. 11. The Sponsor hereby covenants and agrees that it will not cause or . . permit any structure or object of natural, growth to extend above the light planes within the land area (presently or hereafter owned or controlled by the Sponsor) comprising the site of any , Approach Light System serving the aforesaid airport. The site is an area extending 2,600 feet outward from the approach threshold of the runway served and 400 feet in width located symmetrically about the extended runway centerline. The dimensions and slopes of the light planes shall be consistent with AC 150/5300-2 as applied to actual light elevations. 12. It is understood and agreed by and between the parties hereto that Federal participation in that portion of the _development described on Page 1 hereof, relating to airport lighting, is predicated upon the Sponsor's Plan of Operation concerning the use and operation of such airport lighting, dated May 1, 1985, which plan is incor- porated herein and made a part hereof. The Sponsor agrees to obtain FAA approval for any change to the plan and/or changes to - the lighting equipment. This applies to changes resulting from construction/alteration with or without FAA's participation.. * 13. It is further understood and agreed that FAA approval of the pro- ject included in this agreement is conditioned on the Sponsor's compliance with applicable air.and water quality standards in accomplishing project construction and in operating the airport; further, that failure to so comply may result in suspension, can- cellation, or termination of Federal assistance under this agreement. a. 14. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted upon the basis of the pre- liminary plans and specifications; and the parties hereby covenant and agree that within 90 days from the date of acceptance of this Grant Offer, the Sponsor shall furnish final plans and specifica- FAA Form 5100-37 (8/84) Page 5 of 6 Pages tions to the FAA and that no construction work will be commenced hereunder nor will there be any advertisement for bids for accom- plishment of such work until the said final plans and specifica- tions have been approved by the FAA; and the parties do hereby further covenant and agree that any reference made in this Grant Offer or in the aforesaid Application to pltatns and specifications shall be considered as having reference to said final plans and specifications as approved. 15. The parties hereto recognize that a continuing need exists for parking space for Government owned and controlled automotive equipment used or assigned for use in serving FAA facilities and equipment on or in the vicinity of the airport. It is agreed by the parties hereto that the Sponsor will continue to provide, without charge, designated parking space as now exists in reason- able proximity to FAA operations for such automotive equipment and that no change or modifications will be made in such designation without the consent of the parties hereto or their designated representative. The parties hereto further recognize the need for adequate parking space for the motor vehicles used by the FAA employees for trans- portation to their place of employment and assigned duty stations on the airport. It is fully understood by and between the parties hereto that the Sponsor has made adequate parking space available to these employees on terms that are as favorable as those provid- ed to the Sponsor's employees and the employees of others having duty stations on the airport. It is agreed by the parties hereto that the relationship now existing with respect, to automobile parking space for FAA employees will continue and that no change will be made to alter this relationship or to either curtail or enlarge the demand for the parking facilities designated without the consent and concurrence of the parties hereto or their desig- nated representative. FAA Form 5100-37 (8/84) UNITED STATESerF FEDERAL AVIA401PN (Name) (Title) Manager, DET App 4 Executed this day of 1985. Page 6 of 6 Pages The Sponsor's acceptance of this Offer and -ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, con- , stituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, repre- sentations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Ap- plication. County of Oakland, Michigan (Name of Sponsor) By (Sponsor's Designated Official (SEAL) Representative) Title Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Michigan. Further, I have examined the foregoing Grant Agreement and the actions taken by said Spon- sor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authoriid and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal . and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of , 1985. (Signature of sponsor's Attorney) FAA, Form 5100-37 (P/Rd' FINANCE COMMITTEE FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: AVIATION DIVISION- OAKLAND/PONTIAC AIRPORT - GRANT ALLOCATION WITH FEDERAL AVIATION ADMINISTRATION - MISCELLANEOUS RESOLUTION Idtk TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed Miscellaneous Resolution #/ finds: 1) The 1985 Oakland/Pontiac Airport-Grant Allocation from Federal Aviation Administration Project No. 3-26-0079-0385 is in the amount of $161,000, 2) The grant amount is contained in the 1985 Airport Capital Improve- ment Program as approved by the Oakland County Board of Commis- sioners per Miscellaneous Resolution #85169, 3) The total project cost is $181,000 with a 90 percent match from the Federal Aviation Administration for lighting system renovation at the Oakland/Pontiac Airport, 4) The County's match is in the form of reimbursement for land previously purchased and no additional County funds are required, 5) The Finance Committee recommends acceptance of said grant award. #85216 July 25, 1985 Moved by Hobart supported by Fortino the resolution, with Fiscal Note attached, be adopted. AYES: Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, Richard Kuhn, Susan Kuhn, Lanni, McDonald, McPherson-, Moffitt, Moore, Olsen, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, with Fiscal Note attached, was adopted, STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on July 25 ?19_85 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this 25th_ day of July 19 85 LI1U.ALLEN Couny Clerk/Register of Deeds