HomeMy WebLinkAboutResolutions - 1992.12.10 - 19831MISCELLANEOUS RESOLUTION #92281 DECEMBER 10, 1992
BY: GENERAL GOVERNMENT COMMITTEE -
Richard G. Skarritt, Chairperson
IN RE: CENTRAL SERVICES-OAKLAND/TROY AIRPORT-MICHIGAN DEPARTMENT
OF TRANSPORTATION-BUREAU OF AERONAUTICS REIMBURSEMENT
APPLICATION/ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of $150,000 from
the Michigan Department of Transportation-Bureau of Aeronautics for
reimbursement for land acquisition; and
WHEREAS the $150,000 expenditure for the project at
Oakland/Troy Airport was approved in the 1992 Airport Capital
Improvement Program per Miscellaneous Resolution #92163; and
WHEREAS the Airport Committee has reviewed and approved the
reimbursement agreement subject to ratification by the Oakland
County Board of Commissioners and believes it to be in the County's
interest to accept the reimbursement; and
WHEREAS the attached contract has been approved in accordance
with the County Executive's review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the acceptance of the grant agreement in
an amount not to exceed $150,000.
On behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
o(I41.)
Nal,' 17 '92 15:57 FROM MDOT FINANCE SERUICE PAGE.002
IvIIDOT NO.: 92-2203
ACCOUNT NO.: 5731
CONTRACT FOR STATE/LOCAL
AIRPORT DEVELOPMENT
Land Acquisition
THIS CONTRACT, made and entered into this date of
by and between the Michigan Department of Transportation, hereinafter referred to as the
'DEPARTMENT', and the Board of County Commissioners of the County of Oakland,
hereinafter referred to as the "SPONSOR", for the purpose of fixing the rights and
obligations of the parties in agreeing to acquire land for the Oakland-Troy Airport in Troy,
Michigan, which land is hereinafter referred to as the "PROJECT".
WITNESSETH:
WHEREAS, the SPONSOR has acquired land for the purpose of protecting the
approach to runway 27 and has requested the DEPARTMENT to reimburse the SPONSOR
for a portion of the cost of acquisition.
NOW, THEREFORE, it is agreed:
1. The parties hereto agree to undertake and complete the PROJECT in
accordance with the terms of the Contract.
2. Documentation of the acquisition shall be submitted to the DEPARTMENT
for review and approval. Documentation shall include as a minimum appraisal reports and
reviews, offer of just compensation, closing statement, property deed, and title commitment.
3. The term, PROJECT COST, as herein used, is hereby defined as the costs of
acquisition and related closing fees including tax proration.
4. The PROJECT COST participation is estimated to be as shown in Exhibit I,
dated November 4, 1992, attached hereto and made a part hereof.
5. The PROJECT COST shall be met in part by contributions from the
DEPARTMENT. The DEPARTMENT will participate in all eligible and allowable
PROJECT COSTS at a rate of fifty percent (50%) of those costs. The DEPARTMENT'S
maximum financial obligation shall not exceed One Hundred Fifty Thousand Dollars
($150,000.00). The SPONSOR hereby agrees that the costs reported to the DEPARTMENT
for this Contract shall represent only those items which are properly chargeable in
accordance with this Contract. The SPONSOR also hereby certiBes that it has read the
Contract terms and has made itself aware of the applicable laws, regulations, and terms of
this Contract that apply to the reporting of costs incurred under the terms of this Contract.
11/10/92 1
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The actual DEPARTMENT and SPONSOR share of the PROJECT COST will be
'determined at the time of financial closure of the PROJECT.
6. Upon execution of this contract by the DEPARTMENT, and approval of the
documentation listed in Section 2, the DEPARTMENT will reimburse the SPONSOR for
PROJECT COSTS incurred in accordance with Section 5.
7. Any change in scope of the PROJECT, PROJECT COST, DEPARTMENT'S
share of the PROJECT COST, or term of this Cc/nti ac.t 5110.11 by by cAC.UUU11 uf pi iuf
written amendment to this contract by the parties hereto.
8. Upon completion of the PROJECT, payment of all PROJECT COSTS,
completion of necessary audits, the DEPARTMENT shall make final accounting to the
SPONSOR. Any excesses or deficiencies will be returned to or billed to the SPONSOR.
The SPONSOR hereby promises to repay, upon written notice from the DEPARTMENT,
any disallowed items of cost previously disbursed by the DEPARTMENT. Deficiencies
billed to the SPONSOR shall be paid within sixty (60) days of the billing date. If the
SPONSOR has not made arrangements to make payment within sixty (60) days, the
DEPARTMENT may withhold monies from present or future Contracts and may pursue any
other remedy to recover such deficiencies.
In the event a federal grant from the Federal Aviation Administration (FAA) is
issued to reimburse the SPONSOR for cost incurred for acquisition of this or any other
property at the airport, one hundred percent (100%) of the funds expended by the
DEPARTMENT for acquisition of property included in that grant will be returned to the
DEPARTMENT upon receipt of funds from the FAA.
The SPONSOR shall not sell any property which has been purchased in part with
DEPARTMENT funds without prior written approval of the DEPARTMENT to do so. In
the event the DEPARTMENT agrees to the SPONSOR selling the property, the SPONSOR
will return to the DEPARTMENT a portion of the fair market value of that property at the
time it is sold. The amount to be returned to the DEPARTMENT shall be determined
based on the rate of participation by the DEPARTMENT in the acquisition of that parcel
when it was originally purchased using DEPARTMENT funds. The fair market value shall
be determined by an independent appraisal.
9. The SPONSOR agrees to provide, and will require its subcontractors to
provide, access by the DEPARTMENT or its representatives, to all technical data,
accounting records, reports, documents, and work in process pertaining to this contract.
Copies of technical data, reports, and other documents shall be provided by the SPONSOR
or its subcontractors to the DEPARTMENT upon request.
The SPONSOR agrees to permit a representative of the DEPARTMENT to
inspect the progress of all PROJECT work at any reasonable time. Such inspections arc
for the exclusive use of the DEPARTMENT and are not intended to relieve or negate any
of the SPONSOR'S obligations and duties contained in this contract.
11/10/92
NOJJ 17 '92 15:59 FROM MDOT FINANCE SERICE PAGE.004
•
10. The SPONSOR agrees to permit, and will require its subcontractors to permit,
access by the DEPARTMENT or its representatives in order to audit its books and records
at any reasonable time.
11. The SPONSOR agrees to retain, and will require its subcontractors to retain,
all data and records pertaining to this contract until three (3) years after the final payment
by the DEPARTMENT.
12. This contract shall be in effect for a period of thirty six (36) months from the
date of execution.
13. Any approvals, reviews, inspections, and technical guidance of any nature,
provided by the DEPARTMENT, shall not be construed as a warranty or assumption of
liability on the part of the DEPARTMENT. It is expressly understood and agreed that any
such approvals are for the sole and exclusive purposes of the DEPARTMENT, which is
acting in a governmental capacity under this Contract and that such approvals are a
governmental function incidental to the work which is the subject of this Contract.
Any approvals, reviews, inspections, and technical guidance provided by the
DEPARTMENT will not relieve the SPONSOR of its obligations hereunder, nor are such
approvals, reviews and inspections by the DEPARTMENT to be construed as a warranty
as to the propriety of the SPONSOR's performance but are undertaken for the sole use and
information of the DEPARTMENT.
14. The SPONSOR specifically agrees that in the performance of the PROJECT
herein enumerated, by itself, by a subcontractor, or by anyone acting in its behalf, that they
will comply with any and all State, Federal, and applicable local statutes, ordinances, and
regulations. The SPONSOR further agrees to obtain all permits that are applicable to the
entry into, and the performance of this Contract.
15. In connection with the performance of PROJECT work under this Contract,
the parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to
comply with the State of Michigan provisions for "Prohibition of Discrimination in State
Contracts", as set forth in Appendix "A", attached hereto and made a part hereof.
In accordance with 1980 PA 278, MCL 423.321, et seg; MSA 17.458(22) et seg, the
SPONSOR, in the performance of this Contract, shall not enter into a contract with a
subcontractor, manufacturer, or supplier listed in the register maintained by the State of
Michigan, Department of Labor, of employers who have been found in contempt of court
by a federal court of appeals, on not less than three (3) occasions involving different
violations during the preceding seven (7) years, for failure to correct an unfair labor practice,
as prohibited by Section 8 of Chapter 372 of the National Labor Relations Act, 29 U.S.C.
158, The OLEARTML,NT may void this Contract if the name of a subcontractor,
manufacturer, or supplier utilized by the SPONSOR in the performance of this Contract
subsequently appears in the register during the performance period of this Contract.
11/10/92 3
16, In any instance of dispute and/or litigation concerning the PROJECT, the
. resolution thereof shall be the sole responsibility of the parties to that contract which is the
subject of the controversy. It is understood and agreed that any legal representation of the
SPONSOR in any dispute and/or litigation shall be the financial responsibility of the
SPONSOR.
17. In addition to the protection afforded by any policy of insurance, the
SPONSOR agrees to indemnify and save harmless the State of Michigan, the Michigan State
Transportation Commission, the Michigan Aeronautics Commission, the DEPARTMENT,
the FAA, and all officers, agents, and employees thereof:
(a) from any and all claims by persons, firms, or corporations for labor,
materials, supplies or services provided to the SPONSOR in connection with the
SPONSOR's performance of the project assignments; and
(b) from any and all claims of injuries to, or death of, any and all persons,
and for loss of or damage to property and environmental damage or degradation, and from
attorney fees and related costs arising out of, under, or by reason of the SPONSOR's
negligent performance of the project assignments under this Contract, except claims resulting
from the sole negligence of said indemnitee, its agents or employees.
18. The DEPARTMENT shall not be subject to any obligations or liabilities by
contractors of the SPONSOR, their subcontractors, or any other person not a parry to the
Contract without its specific consent and notwithstanding its concurrence in or approval of
the award of any contract or subcontract or the solicitation thereof.
19. It is expressly understood and agreed that the SPONSOR shall take no action
or conduct which arises either directly or indirectly out of its obligations, responsibilities, and
duties under this Contract, which results in claims being asserted against or judgments being
imposed against the State of Michigan, the DEPARTMENT, the FAA, the Michigan State
Transportation Commission, and/or the Michigan Aeronautics Commission. In the event
that the same occurs, for the purposes of this Contract, it will be considered as a breach of
this Contract thereby giving the State of Michigan, the DEPARTMENT, the FAA, the
Michigan State Transportation Commission, and/or the Michigan Aeronautics Commission
a right to seek and obtain any necessary relief or remedy, including, but not by way of
limitation, a judgment for money damages.
The SPONSOR hereby agrees that it will maintain said airport in full operating
condition on a year-round basis for a period of twenty (20) years in accordance with class
"C' licensing requirements set forth by the Michigan Aeronautics Commission rules and
regulations, During this period, the Airport shall not be abandoned or permanently closed
without the express written permission of the DEPARTMENT. Failure to operate the
airport in accordance with the terms of the Contract may constitute grounds for forfeiture
of the PROJECT, and reimburse to the DEPARTMENT the current value of any
contribution of state funds. The amount of such reimbursement of contributed state funds
shall be determined by the DEPARTMENT.
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Should the SPONSOR desire to abandon, close, sell, or otherwise divest itself of the
Oakland-Troy Airport or any portion thereof, the SPONSOR agrees to also provide to the
DEPARTMENT a prior written notice of any such intent giving the DEPARTMENT, for
a period of one hundred eighty (180) days after receipt of such notice, a first right to
purchase at fair market value the airport and/or all facilities thereon less the current value
of any contribution of state funds and current Federal Commitment. Fair market value shall
be determined by an independent appraisal of such properties. The proportional share of
that value attributable to state funds shall be determined by the DEPARTMENT.
21. In the event of any conflict between the Contract body and any Exhibit(s)
thereto, the body of the Contract shall govern.
22. This Contract shall become binding on the parties hereto and of full force and
effect upon the signing thereof by the duly authorized officials for the parties hereto and
upon the adoption of the necessary resolution approving said Contract and authorizing the
signatures thereto of the respective officials of the SPONSOR, a certified copy of which
resolution shall be attached to this Contract, and with approval by the State Administrative
Board,
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed the day and year first above written.
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF OAKLAND
BY
TITLE:
MICHIO-AN DEPARTMENT OF TRANSPORTATION
BY;
iIrLE: Department Director
11/10/92 5
FROM MDOT FINANCE SERVICE PAGE.007 NQU 17 '92 16:01
November 4, 1992
EXHIBIT I
PROPOSED STATE/LOCAL, PROGRAM
Oakland-Troy Airport
Troy, Michigan
MUM LOCAL =AT-
Land Reimbursement-Runway 27 Approach $150,000 $160,000 S310,000
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contrace the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrozs not to discriminate against an
employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment,
or as a matter directly or indirectly related to employment, because of race, color, religion, nat2 mal origin, age, sex,
height, weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No.
478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, condition, or privileges of employment, or a matter directly or
indirectly related to employment, because of a handicap that is unrelated to the tadividuars ability to perform the
duties of a particular job or position. A breach of the above covenants shall be regarded as a material breach of this
contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth
in this contract is to be performed, shall contain a covenant the same as hereinabcrve set forth in Section 1 of this
Appendix.
3. The contractor will take affirmative action to insure that applicants fur employment and employees are treated without
regard 1.0 their race, color, religion, national origin, age, sce height, weight, marital status or a handicap that is
unrelated to the individuars ability to perform the duties of a particular job or position. Such action shall include,
but not be limited to, the following employment, upgrading, donation or transfer, recruitment advertising layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for employment without regard to race, color, religion, national
origin, age, sex, height, weight, marital status or handicap that is unrelated to the individual's ability to perform the
duties of a particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor
union or workers' representative of the contractor's commitments under this appeadix.
6. Thc contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commilsion which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the
Michigan Civil Rights Com.mission, said forms may also elicit information as to the practices, policies, pror m, and
employment statistics of each subcontractor as well as the contractor himself, and said contractor will perm amass
to his books, records, and accounts by the Michigan civil Rights Commission and/or its agora, for IntrPasos of
investigation to ascertain compliance with this contract and relevant with rules, regulations, and orders of the /dicing' an
Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has
not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its
order based upon such findings, certify said findings to the Administrative Board of the State of Michigan. which
Administrative Board may order the cancellation of the contract found to have been violated and/or declare the
contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers,
and including the governing boards of institutions of higher education, until the contractor complies with said order
of the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the
persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any
case before the Civil Rights COMMLSSion in which cancellation of an caisting contract is a possibility, the contracting
agency shall be notified of such possible remedy and shall be given the option by the Civil Rights Commission to
participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8)
in every subcontract or purchase order units:6 exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. August. 1985
) 2
) 3
) 4
) 5
December 10, 1992
FISCAL NOTE (Misc. 92281)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: CENTRAL SERVICES-OAKLAND/TROY AIRPORT-MICHIGAN DEPARTMENT
OF TRANSPORTATION-BUREAU OF AERONAUTICS REIMBURSEMENT
APPLICATION/ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this board, the Finance Committee has
reviewed Miscellaneous Resolution # and finds:
1) The Michigan Department of Transportation-Bureau of Aeronau-
tics has approved Project No.92-2203 (see Exhibit I) in
accordance with the Airport Master Plan as adopted by the
Oakland County Board of Commissioners.
The County of Oakland is in receipt of a $150,000 grant from
the Michigan Department of Transportation-Bureau of Aeronau-
tics for reimbursement for land acquisition and avigation
easement.
Funds for the land acquisition at Oakland/Troy Airport are
available in the 1992 Airport Capital Improvement Program, per
Miscellaneous Resolution #92163.
The County's match is in the form of Airport Capital Improve-
ment Funds therefore no additional County funds are required.
The Airport Committee has reviewed and approved the reimburse-
ment agreement subject to ratification by the Oakland County
Board of Commissioners and believes it to be in the County's
interest to accept the reimbursement.
FINANCE COMMITTEE
Prepared by Budget-cm
airport\mdot92.fn
, N96 !"' 'S2 16:31
e
FROM MDOT F:NPNCE SERO10E F=4:3E.1327
Ncreember 4, 1992
EXHIBIT I
PROPOSED STATE/LOCAL PROGRAM
Oakland-Troy .Airport
Troy, Michigan
STATE LOCAL TOTAL
Land Reimbursement-Runway 27 Approach 1150,000 $160,000 snogco
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 10th day Q D
Resolution # 92281 December 10, 1992
Moved by Skarritt supported by Gosling the resolution be adopted.
AYES: Aaron, Bishop, Crake, Gosling, Huntoon, Jensen, Johnson, McConnell,
McCulloch, McPherson, Millard. Moffitt, Cbrecht, Olsen, Palmer, Pappageorge, Pernick,
Price, Schmid, Serra. Skarritt. (21)
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, 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 Decemper,10. 1992
with the original record thereof now remaining in my office.
Lynn/D. Allen, County Clerk