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HomeMy WebLinkAboutResolutions - 1986.08.07 - 18145Miscellaneous Resolution 86220 August 7 1 1986 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 County of Oakland is in receipt of a Federal Aviation Administration grant allocation, Project No. 3-26-0079-0486, for the development and improvement of the Oakland/Pontiac Airport on a ninety (90) percent matching basis in a maximum obligation of $600,000 of the total project cost of $666,000; and WHEREAS the development project consists of rehabilitation of Runway 9L/27R and associated taxiways, rehabilitation of west half of terminal apron and land reimbursement in accordance with the Airport Master Plan as adopted by the Oakland County Board of Commissioners; 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. 3-26-0079-0486, with the Federal Aviation Administration for the purpose of obtaining federal aid for the development of Oakland/Pontiac Airport. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners 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. PLANNING AND BUILDING ZOVE V Exec,' Date Page 1 of 6 Pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Date of Offer: JUN 2 0 1986 Oakland-Pontiac Airport Project No.: 3-26-0079-0486 Contract No.: AIP-FA86-GL-750 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 March 19, 1986, 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 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 and mark Runway 9L/27R (3,250't x 75 1 ), Taxiways "D" (700 1 t x 40 1 ), "E" (1,400 1 t x 25'), "H" (800 1 t x 25 1 ), "I" (380 1 ± x 40 1 ), "J" (380 1 t x 40 1 ), "K" (380 1 t x 40 1 ), "L" (530 1 t x 40 1 ), terminal apron (22,000tS.Y.), and holding apron north of Runway 9L (8,700tS.Y.); Land reimbursement (Fee Parcel No. 173, approximately 4.22 acres) for airport development." all as more particularly described in the Project Application. FAA-FO.rm 5100-37 (7/85) 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, 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 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 terms and conditions: Conditions 1. The maximum obligation of the United States payable under this Offer shall be $600,000.00. 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: $ -0- for planning , $150,300.00 for land acquisition '-, $449,700.00 for airport development or noise program i implementation (other than land acquisition). 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. 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 income earned by the Sponsor during the grant period shall be deducted from the total allowable project costs prior to making the final determination of the United States' share. 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. FAA Form 5100-37 (7/85) 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 obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before July 30, 1986, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in viola- 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 re- covered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determina- tion of the amount of the Federal share or to any settlement, litiga- tion, 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. 8. 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. 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 prin- cipal, and the Michigan Aeronautics Commission, successor to the Mich- igan Department of Aeronautics, as agent, created by the Agency Agree- ment 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 writing, by the FAA. 10. 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 March 21, 1986. b. The acceptance 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 unwilling to comply with the requirement or requirements to which the certification relates. FAA Form 5100-37 (7/85) Page 4 of 6 Pages 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 the Sponsor's Assurances entitled Relocation and Real Property Acquisition Assurances Implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, dated March 21, 1986, are incorporated herein and made a part of this Grant Agreement. 13. The Sponsor agrees that all net revenues produced from real property purchased in part with Federal funds in this grant shall be used on the airport for airport planning, development, or operating expenses, except that all income from real property purchased for noise compati- bility purposes or for future aeronautical use as indicated on Exhibit "A" for this grant shall be used only to fund projects which would be eligible for grants under the Airport and Airway Improvement Act of 1982. Income from noise or future use property may not be used for the Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. 14. It is understood and agreed by and between the parties hereto, that notwithstanding the fact that this Grant Offer is made and accepted upon the basis of the Exhibit "A" Property Map and Title Opinion referenced in Part II, Section C, Paragraph 4 of the Project Applica- tion dated March 19, 1986, the Sponsor hereby covenants and agrees that upon completion of the land acquisition in this project, it will update said Exhibit "A" Property Map to standards satisfactory to the Federal Aviation Administration and submit said documentation in final foLm to the Federal Aviation Administration for approval. It is fur- ther mutually agreed that the reasonable cost of developing said up- dated Exhibit "A" Property Map is an eligible administrative cost for participation within the scope of this project. 15. It is understood and agreed by and between the parties hereto, that the United States shall withhold payment of the first $50,000.00 until the Sponsor has submitted evidence satisfactory to the FAA that the obstructing trees have been removed from the approach to Runway 27L to provide a clear 34:1 approach slope. FAA Form 5100-37 (7/85) Page 5 of 6 Pages - 16. It is further understood and agreed that FAA approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in accomplishing pro- ject construction and in operating the airport; further, that failure to so comply may result in suspension, cancellation, or termination of Federal assistance under this agreement. 17. 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 reasonable 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 transporta- tion 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 provided 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 relation- ship 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 park- ing facilities designated without the consent and concurrence of the parties hereto or their designated representative. FAA Form 5100-37 (7/85 UNITED STATES 0,AMERICA FEDERAL AVIAT N ADMINIST / (Name) (Title) /Manager, DET ADO Executed this day of , 1986. Page 6 of 6 Pages The Spon-sor'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 Application. County of Oakland, Michigan (Name of Sponsor) (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 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) 1 #86220 August 7, 1986 Moved by Hobart supported by Hassberger the resolution be adopted. AYES: Webb, Wilcox, Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, McPherson, Moffitt, Nelson, Olsen, Perinoff, Pernick, Price, Rewold, Rowland, Skarritt. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF M1CNIGAI4 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 Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on August 7 1 1986 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 Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this 7th day of August 1986 Ap .40 Lynn/r Allen, Coun y Clerk Regrster of Deeds