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HomeMy WebLinkAboutResolutions - 1988.07.14 - 17447July 14, 1988 .7..hairPerson Miscellaneous_Resolution - -88177-- BY: TthNSPORTATI ir1 -ames E. _Larn.“ nz. RE: 0An1ND/PaN'TIAC 1.1R:POIn• - GRANT XLOCATICV 16,7TH F=IL AVIATION . ADMINISTRATION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of a Federal Aviation Administration grant allocation, Project No. 3-26-0079-068B, for the planning and improvement of Oakland/Pontiac Airport on a ninety (90) percent matching basis in a maximum Obligation of $270,000 of the total project cost of $300,000; and WHEFEAS the project consists of a Master Plan Ppdate, Environmental Assessment and Noise Compatibility Study for the Oakland/Pontiac Airport; and WHEMEAS the County's match is in the form of reimbursement for land ' previously purdhased 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 RESCUED that the County of Oakland enter into a grant agreement, Project No. 3-26-0079-068a, with the Federal Aviation Administration for the purpose of Obtaining federal aid for the improvement of Oakland/Pontiac Airport. • BE IT FURTHER RESCUED that the Chairperson of the Oakland County Board of Commissioners is hereby authorized to execute ths grant agreement on behalf of the County of Oakland. Mr. Chairperson, on behalf of the Transportation C=ittee, : move the adoption of the foregoing resolution, AP° VEHE FORFGOING R •LUTION 7iY ft FINANCE COHNID_TEE FISCAL REPORT BY: FINANCE CCMY:TTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: OAKLAND/PONTIAC AIRPORT - GRANT ALLOCATION WITH FEDERAL AVIATION ADMINISTRATION MISCELLANEOUS RESOLUTION 1188 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: The Finance Caamittee, having reviewed Miscellaneous Resolution 1188 finds the following, 1) The Airport committee, in establishing its capital improvement program, utilizes several funding sources (per MR. 1/88125). 2) A grant from Federal Aviation Administration was applied for to update the master plan, environmental assessment and noise compatibility study. 3) The Federal Aviation Administration agrees to award a grant for a maximum of $270,000. 4) No additional County funds are required. 5) Acceptance of this grant does not obligate the County to any future additional financial commitments. Mr. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. this 14th !day of uly IDB? LYNN/t. ALLEN, County Clerk/Register of Resolution # 88177 July 14,1988 Moved by Lanni supported by Hobart the resolution be adopted. AYES: Skarritt, Wilcox, Aaron, Bishop, Calandro, Crake, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Oaks, Page, Pernick, Rewold, Rowland. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, 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 resolution adopted by the Oakland County Board of Commissioners at their regular !reefing held on July 14, 1988 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testipony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan GRANT AGREEMENT Paoe 1 of 6 Pages DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION Part 1 - Offer Date of Offer: Ay 31 1988 Oakland-Pontiac Airport Project No.: 86-1-3-26-0079-0586 Contract No.: AIP-FAS8-GL-1058 TO: County of Oakland, _Michigan (herein called the "Sponsor") FROM: lbe 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 March 21, 1988, for a grant of Federal funds for a project at or associated with the Oakland-Pontiac Airport which Project Application, as approved by the FAA, is hereby incorporated hcrein 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: "Master plan Update and Noise Compatibility Planning Study (FAR Part 150 Study)." all as more particularly descr i bed in the Project Application. FAA Form 5100-37 (12/30/87) 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 1962, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1967, 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 representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (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 provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY arms 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 terms and conditions; Conditions 1. The maximum obligation of the United States payable under this Offer shall be $270,000.00. 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 follow- ing amounts are being specified for this purpose: S270,000.00 for planning -0- for airport development or noise program implementation 2. The allowable costs of the project shall not include any costs deter- mined by the FAA to be ineligible for consideration as to allowability under the Act. B. 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. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement 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 regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. FAA Form 5100-37 (12/30/67) Page 3 of 6 Pages . 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer _has been accepted by the Sponsor on orabefore'July -15; 19SSe or .such:subsequent- _ , _ _ _ _ date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litiqationnif mecesaary,: to recover Federal funds spent fraudulently, wastefelly, Or - tion 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 Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall ob- tain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secre- tary, upon request, all documents and records pertaining to the deter- mination 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, involving the recovery of such Federal share shall be approved in advance by the Secretary. E. The United States shall not be responsible or liable for damage to property or injury to persons -which may arise from, or be incident to, compliance with this grant agreement. S. It is hereby understood and agreed by and between the parties hereto that the Federal Aviation Adminaetration 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 erin- cipal, and the Michigan Aeronautics Commission, successor to the Mich- ' igen Department of Aeronautics, as agent, created by the Agency Agree- ment on Airborts entered into on August 24, 1967. The Sponsor agrees that it will not amend, modify, or terminate said Agency Agreement without prior- approval, in writing, by the FAA. O. It is hereby understood and agreed that: a. This grant offer is made and accepted based upon the certifica- tions made by the Sponsor, dated February 17, 19SE. h. The acaeptance of a certification shall be rescinded when it is determined that either (1) the Sponsor has not, in fact, complied with the requirement or requirements as stated in the certifica- tion or, (2) in the case of prospective compliance, it appears that the Sponsor will be unable or =walling to comply with the requirement or requirements to which the certification relates. If either such determination is made after the crant Agreement has been executed, the grant may be suspended in accordance with the provisions of Part 152 of the Federal Aviation Reculations FAA Fore, 5100-37 (12/30/87) Page 4 of 6 Pages 11. The Sponsor shall carry out _and complete all planning work in accord-_ eanceewith the Description,cf -Work Program, incorporated herein, or as -it-may.be_revised or modified with the approval of the FAA and in - _ 7accordance with design'standardseand planning criteria established by -the TAA.- 12. It is agreed by and between the parties hereto that notwithstanding the estimates of cost used to develop the project budget, Federal participation in the cost of the project shall be the Federal share of allowable project costs actually incurred not to exceed the maximum amount shown on Page 2 of this Grant Agreement. To this end, it is understood and agreed that the Sponsor shall submit all financial reports on an accrual basis. All financial records pertaining to the project shall be made available to authorized representatives of the FAA and Comptroller General of the United States in conformity to the Regulations. 13. The Sponsor shall monitor performance under the project to assure that time schedules are being met, projected work units by time periods are being accomplished, and that other performance coals are being achieved. It is understood and agreed by and between the parties hereto that the Sponsor will submit to FAA quarterly progress reocrts which contain as a minimum: a) the amount of work accomplished, b) a comparison of actuel accomplishments to the goals established for the period, c) reasons for -slippage in those cases where established goasl have not been met, d) a narrative discussion of any unusual problems or conditions encountered, and e) decisions made or conclusions reached which would alter the course of the study. These reports will be submitted by the Sponsor so as to reach the FAA Detroit ADO no later than the 15th day of each month fol- lowing the quarter for which the report was prepared. 14. It is understood and agreed that the Sponsor shall submit the proposed consultant aereement to the FAA, Detroit Airports District Office for approval prior to award of any contract for project services described on Page .1 of the Grant Agreement. This Agreement shall contain a study design section in which the consultant agrees to establish the framework and detailed work program. No additional work shall be started until the FAA approves the work program. 15. It is understood and agreed that the Sponsor shall submit a proposal for any force account planning services associated with the project to the FAA, Detroit Airports District Office for approval prior to the initiation of any force account planning service. It is understood that any services performed prior to FAA approval shall not be an allowable project cost. 16. All published material such as reports, maps and other documents pre- pared in connection with the project and planning work activities shell contain the following standardnotice on the inside front cover of each report: FAA Form 5100-37 (12/30/S7) Page 5 of 6 Pages The preparation of this document was financed in part through a Planning grant from the Federal Aviation Administration as pro- vided under Section 505 of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987. The contents do not necessarily reflect. the official view or policy of the FAA. Acceptance of this report by the FAA does not in any way constitute a commitment on the part of the United States to participate in any development depicted therein nor does it indicate that the proposed development is environmentally acceptable in accordance with appropriate public laws." In addition, no material prepared in connection with the project and planning work activities shall be subject to copyright in the United States or in any other country. The FAA shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared with Airport Improvement Program Grant funds. 17. The Sponsor agrees to coordinate this master planning study with the local planning agencies and with the State Airport System Plan prepared by the Michigan Department of Transportation and consider any pertinent information, data, projections, and forecasts which are currently available or as will become available. The Sponsor agrees to consider all Clearinghouse comments and to furnish a copy of the final report to the Michigan Department of Transportation. FAA Form 5100-37 (12/30/S7) Executed this day of , 1986. (SEAL) (Sponsor's Designated Official Representative) 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. UNITED STATES 9VAMERICA FEDERAL AVIATI'O61 ADMINISTAT;ON (Name) (Title) Manacer, DET ADO Part II - Acceptance. The Sponsor sentations, Application and and does hereby with all of the Application. ratify and adopt all assurances, statements, repre- covenants, and agreements contained in the Project incorporated materials referred to in the foregoing Offer accept this Offer and by such acceptance agrees to comply terms and conditions in this Offer and in the Project does hereby warranties, Dak n (Name of Sponsor) 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 authorized 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 , 1986. (Signature of Sponsor's Attorney) FAA Form 5100-37 (12/30/87)