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HomeMy WebLinkAboutResolutions - 2014.04.30 - 21315MISCELLANEOUS RESOLUTION #14098 April 30, 2014 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT — 2014 GRANT PROGRAM ACCEPTANCE — ACQUIRE SNOW REMOVAL EQUIPMENT— DISPLACEMENT PLOW To the Oakland County Board of Commissioners Chairperson, Lathes and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2014-0214, for State funds in the amount of $320,150, for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of acquisition of snow removal equipment (displacement plow) at Oakland County International Airport; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $16,850, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R. #13180, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $337,000, which includes a local grant match of $16,850, which is available from the airport fund. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward absent. GRANT REVIEW SIGN OFF — Central Services/Aviation GRANT NAME: 2014 Oakland County International Airport Grant Program — Acquire Snow Removal Equipment (Displacement Plow) FUNDING AGENCY: Michigan Department of Transportation DEPARTMENT CONTACT PERSON: Karl Randall/Patricia Shull/ 248-666-3900 STATUS: Grant Acceptance DATE: April 7, 2014 Pursuant to Misc. Resolution 413180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (3/27/2014) Department of Human Resources: HR Approved — Lori Taylor (3/27/2014) Risk Management and Safety: Approved by Risk management. — Robert Erlenbeck (3/31/2014) Corporation Counsel: There are no outstanding legal issues with the above grant application. — Joellen Shortley (3/28/2014) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this giant. Michigan — State Trunk Line Highway System Act 51 of 1951 http://legislature.mi.gov/doc.aspx?mcl-act-51-of-1951 Michigan — State Trunk Line Highway System Act 51 of 1951 http://legislature.mi.gov/doc.aspx?mcl-act-51-of-1951 Department of Transportation Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (49 CFR, Part 18) http://www.access.gpo.gov/nara/cfr/waisidx_04/49cfr18 04. html Federal Civil Rights Act of 1964 http://www.usdoj.gov/crt/cor/index.htm Regulations of the United States Department of Transportation (49 CFR, Part 21) htt s ://www.access o lov/nara/cfr/waisidx 04/49cfr21 04.html State Contracts with certain employers prohibited (Act 278 of 1980) http://www.legislature.mi .gov/(S(hoeiya45y3bblcnisOjmuzpalc.))/mileg.aspx?page=getObject&objeetN ame.=mel-Act-278-of-1980 National Labor Relations Act (29 USC 158) - section 8 of Chapter 372 ht-tp://www.nlrb.goviabout_us/overview/nationa1Jabor_relations_act.aspx Michigan — Antitrust Reform Act (Excerpt) Act 274 of 1984 (MCL 445.771 - .788, excluding section 4a) littp://legislaturesni.gov/doe.aspx?mc1-445-771 Michigan Civil Rights Act (1976 P.A. 453) http://www.legislature.mi.gov/(S(eavsv4bgOrpdowviwbyly03g,))/mileg.aspx?page.=getobject&object name=mel-Aet-453-of-1976 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" lit-tp://www.1egislature.mi.gov/(uq3lxgeltrnrj5z55z2uiwv45)/m 11 eg.aspx?page=getobj eet&obj eetname =rnel-Act-220-of-19768‘queryid= I 4718589 From: VanPelt, Laurie To: "West_Catherine"; 'Jute Secontlne"; "Lori Taylor"; 'Pat Davis" Cc: "VanNest. Pamela S"; randallktaoakaoY,com; 5hu1ln(5ciakgov.corn; vanderveend(moakgov.com ; "Huvahe, Laura" Subject: RE: GRANT REVIEW: Central Services - Oakland County International Airport - 2014 Grant Program - Acquire Snow Removal Equipment (Displacement Plow) - Grant Acceptance Date: Thursday, March 27, 2014 4:39:07 PM Approved, From: West, Catherine [mailto:westca©oakgov.com ] Sent: Thursday, March 27, 2014 4:12 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: VanNest, Pamela S; randallk@oakgov.com ; shullp©oakgov.com; vanderveend©oakgov.com ; Huyghe, Laura Subject: GRANT REVIEW: Central Services - Oakland County International Airport - 2014 Grant Program - Acquire Snow Removal Equipment (Displacement Plow) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt Lori Taylor—Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Central Services/Aviation 2014 Oakland County International Airport Grant Program Acceptance-Acquire Snow Removal Equipment (Displacement Plow) Michigan Department of Transportation Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: April 3, 2014 GRANT INFORMATION Date: March 27, 2014 Operating Department: Central Services/Airports Department Contact: Karl Randall/Patricia Shull Contact Phone: 248-666-3900 Document Identification Number: Contract No. 2014-0214 REVIEW STATUS: Acceptance Resolution Required Funding Period: 36 months from date of award New Facility/ Additional Office Space Needs: N/A IT Resources (New Computer Hardware / Software Needs or Purchases): None From: Taylor, Lori To: "West, Catherine"; "Julie Secontine"; 'Laurie VanPelt"; "Pat Davis" Cc: "VanNest, Pamela 5"; randallkt@oakaov,com; shulloPoakamcorn; vanderveendaoa gov.com ; "Fiuvghe. Laura" Subject: RE: GRANT REVIEW: Central Services - Oakland County International Airport - 2014 Grant Program - Acquire Snow Removal Equipment (Displacement Plow) - Grant Acceptance Date: Thursday, March 27, 2014 4:58:23 PM HR Approved Lori Taylor Manager-Human Resources Recruitment & Workforce Planning Oakland County Michigan 2100 Pontiac Lake Road Waterford, Ml 48328 taylorloPoakgov.com www oakgov.comijobs Phone: 248-858-0548 Fax: 248-858-8391 From: West, Catherine [nnailto:westca@oakgov.corn} Sent: Thursday, March 27, 2014 4:12 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: VanNest, Pamela S; randallk@oakgov.com ; shullp@oakgov.com ; vanderveend@oakgov.com; Huyghe, Laura Subject: GRANT REVIEW: Central Services - Oakland County International Airport - 2014 Grant Program - Acquire Snow Removal Equipment (Displacement Plow) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Central Services/Aviation 2014 Oakland County International Airport Grant Program Acceptance-Acquire Snow Removal Equipment (Displacement Plow) Michigan Department of Transportation Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: April 3, 2014 GRANT INFORMATION Date: March 27, 2014 From: Erienbeck, Robert To: "West. Catherine"; "Julie Secontine"; 'Laurie Van Pelt'; "Lori Taylor'', "Pat Davis" Cc: "VanNest, Pamela 5"; randallkPoa gov.cort; shulloaoakgov.com .; vanderveendftoakgov.com; "Huvahe. Laura" Subject: RE: GRANT REVIEW: Central Services - Oakland County International Airport - 2014 Grant Program - Acquire Snow Removal Equipment (Displacement Plow) - Grant Acceptance Date: Monday, March 31, 2014 10:01:29 AM Approved by Risk management. R.E. 3-31-14 From West, Catherine [mailto:westca@oakgov.corn] Sent: Thursday, March 27, 2014 4:12 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: VanNest, Pamela 5; randallk@oakgov.com; shullp@oakgov.com; vanderveend@oakgov.com ; Huyghe, Laura Subject: GRANT REVIEW: Central Services - Oakland County International Airport - 2014 Grant Program - Acquire Snow Removal Equipment (Displacement Plow) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS Laurie Van Pelt — Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Central Services/Aviation 2014 Oakland County International Airport Grant Program Acceptance-Acquire Snow Removal Equipment (Displacement Plow) Michigan Department of Transportation Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: April 3, 2014 GRANT INFORMATION Date: March 27, 2014 Operating Department: Central Services/Airports Department Contact: Karl Randall/Patricia Shull Contact Phone: 248-666-3900 Document identification Number: Contract No. 2014-0214 REVIEW STATUS: Acceptance — Resolution Required Funding Period: 36 months from date of award New Facility/ Additional Office Space Needs: N/A IT Resources (New Computer Hardware / Software Needs or Purchases): None .Joellen Shortley From: Sent: To: Cc: Subject: JoeIlen Shortley <shortleyj@oakgov.com > Friday, March 28, 2014 11:21 AM 'randalik@oakgov.com `; 'West, Jan (westi@oakgov.conn) 'Shull, Pat r; Fournier, Nancy; Frederick, Candace; Guzzy, Scott; Hanger, Helen; 'Holdsworth, Art'; Johnson, Sandy; Mitchell, Sheryl; 'Penny Knope'; 'Phil 13ertolini'; Piir, Gala; Scarlet, Nancy; Secontine, Julie ; Taylor, Loit VanPelt, Laurie; Worthington, Pam Oakland County International Airport Grant for now removal equpment There are no outstanding legal issues with the above grant application. 1.11231Tf‘P.-617s,:e.R1 Joellen Shortley, Deputy Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3'd Floor Poi-ale:, MI 48341 Phone Number: (248) 858-2155 Cell Phone Number: (248) 420-7639 Fax Number; (248) 858-1003 E-mail: shortleviPoakgov.com PRIVILEGED AND CONFIDENTIAL —ATTORNEY CLIENT COMMUNICATION This e-mail is Intended only for those persons to whom it is specifically addressed. It Is confidential and Is protected by the attorney-client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in any way. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message hi error, please notify the sender immediately. It you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your COO peration, 1 Please complete the following form for all grant review information. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — [Central Services/Aviation] [2014] [Oakland County International Airport Grant Program Acceptance-Acquire Snow Removal Equipment (Displacement Plow)] Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: [April 3, 2014] GRANT INFORMATION Date: [March 27, 2014] Operating Department: [Central Services/Airports] Department Contact: [ Karl Randall/Patricia Shull ] Contact Phone: 248-666-3900 ] Document Identification Number: [Contract No. 2014-0214] REVIEW STATUS: [Acceptance Resolution Required] Funding Period: [ 36 months from date of award] New Facility / Additional Office Space Needs: [ N/A ] IT Resources (New Computer Hardware / Software Needs or Purchases): [None Funding Continuation/New: [ New ] Application Total Project Amount: [$337,000] Prior Year Total Funding: [ NA ] New Grant Funded Positions Request: [ None Changes to Current Positions: [None Grantor Funds: [State Funds $320,150] Total Budget: [ $337,000 ] Match and Source: [ Airport Fund ($16,850] PROJECT SYNOPSIS [The project consists of: Acquire Snow Removal Equipment (Displacement Plow) at Oakland County International Airport. CONTRACT NO. 2014-0214 AGENDA: DAB MICHIGAN DEPARTMENT OF TRANSPORTATION COUNTY OF OAKLAND CONTRACT FOR A STATE/LOCAL AIRPORT PROJECT THIS CONTRACT is made and entered into this date of by and between the Michigan Department of Transportation, hereinafter referred to as the "DEPARTMENT," and County of Oakland, hereinafter referred to as the "SPONSOR," for the purpose of fixing the rights and obligations of the parties in agreeing to the following undertaking at Oakland County International Airport, whose associated city is Pontiac, Michigan, hereinafter referred to as the "PROJECT," described in detail in Exhibit 1, dated March 19, 2014, attached hereto and made a part hereof. PROJECT DESCRIPTION: Acquire Snow Removal Equipment - Displacement Plow. WITNESSETH: NOW, THEREFORE, the parties agree that: 1. The term "PROJECT COST," as used herein, is defined in Attachment(s) 3, attached hereto and made a part hereof. PROJECT COST will also include administrative costs incurred by the DEPARTMENT in connection with the PROJECT. Administrative costs incurred by the SPONSOR are not eligible PROJECT COSTS. THE SPONSOR WILL: 2. Pledge sufficient funds to meet its obligations as outlined in this Contract. 3. With regard to audits and record-keeping, a. The SPONSOR will establish and maintain accurate records, in accordance with generally accepted accounting principles, of all expenses incurred for which payment is sought or made under this Contract, said records to be hereinafter referred to as the "RECORDS." Separate accounts will be established and maintained for all costs incurred under this Contract. 3/20/14 1 PUBLIC STATELOC v6n, b. The SPONSOR will comply with the provisions of 1951 PA 51; MCL 247.660h; MSA 9.1097 (10i). c. The SPONSOR will maintain the RECORDS for at least three (3) years from the date of final payment made by the DEPARTMENT under this Contract. In the event of a dispute with regard to the allowable expenses or any other issue under this Contract, the SPONSOR will thereafter continue to maintain the RECORDS at least until that dispute has been finally decided and the time for all available challenges or appeals of that decision has expired. d. The DEPARTMENT or its representative may inspect, copy, or audit the RECORDS at any reasonable time after giving reasonable notice. e. If any part of the work is subcontracted, the SPONSOR will assure compliance with subsections (a), (b), (c), and (d) above for all subcontracted work. 4. Provide and will require its subcontractors to provide access by the DEPARTMENT or its representatives to all technical data, reports, and documents pertaining to this Contract. Copies of technical data, reports, and other documents will be provided by the SPONSOR or its subcontractors to the DEPARTMENT upon request. The SPONSOR agrees to permit representatives of the DEPARTMENT to inspect the progress of all PROJECT work at any reasonable time. Such inspections are 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. All technical data, reports, and documents will be maintained for a period of three (3) years from the date of final payment. 5. In the performance of the PROJECT, by itself, by a subcontractor, or by anyone acting on its behalf, the SPONSOR agrees that it 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. THE DEPARTMENT WILL: 6. Make final accounting to the SPONSOR upon completion of the PROJECT, pay all PROJECT COSTS, and complete all necessary audits. Any excesses or deficiencies will be returned to or billed to the SPONSOR. 3/20/14 2 PUBLIC STATELOC váw IT IS FURTHER AGREED: 7. The PROJECT COST participation is estimated to be as shown below and as in the attached Exhibit 1. The PROJECT COST participation given in Exhibit 1 is to be considered an estimate. The actual DEPARTMENT and SPONSOR shares of the PROJECT COST will be determined at the time of financial closure of the PROJECT. Dollar Amount Maximum DEPARTMENT Share $320,150.00 SPONSOR Share $16,850.00 Estimated PROJECT COST $337,000.00 8. The PROJECT COST will be met in part by contributions from the DEPARTMENT. The DEPARTMENT funds will be applied to the PROJECT COST at a rate of 95% for those items eligible for state participation, in an amount not to exceed the maximum obligation shown in Section 7 or the revised maximum obligation set forth in a budget letter, as set forth in Section 10, as applicable. Any items of PROJECT COST not funded with DEPARTMENT funds will be the sole responsibility of the SPONSOR. DEPARTMENT funds in this Contract made available through legislative appropriation are based on projected revenue estimates. The DEPARTMENT may reduce the amount of this contract if the revenue actually received is insufficient to support the appropriation under which this contract is made. 9. The SPONSOR agrees the costs reported to the DEPARTMENT for this Contract will represent only those items that are properly chargeable in accordance with this Contract. The SPONSOR also certifies 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 Contact. 10, The PROJECT COST shown in Section 7 includes the maximum obligation of DEPARTMENT funds under this Contract. The maximum obligation of DEPARTMENT funds may be adjusted to an amount less than the maximum amount shown in Section 7 through a budget letter issued by the DEPARTMENT. A budget letter will be used when updated cost estimates for the PROJECT reflect a change in the amount of funds needed to fund all PROJECT COSTS. The budget letter will be signed by the Administrator of the Airports Division of the Office of Aeronautics. A budget letter may also be used to add or delete work items from the PROJECT description, provided that the costs do not exceed the maximum obligations set forth in Section 7. If the PROJECT COST exceeds the maximum obligations shown in Section 7, the PROJECT scope will have to be reduced or a written amendment to this Contract will have to be awarded by the parties to provide additional funds before the work is started. 11. In the event it is determined by the DEPARTMENT that there will be either insufficient funds or insufficient time to properly administer such funds for the entire PROJECT or 3/20/14 3 PUBLIC STATELOC v6u, 1 portions thereof, the DEPARTMENT, prior to advertising or authorizing work performance, may cancel the PROJECT or any portion thereof by giving written notice to the SPONSOR. In the event this occurs, this Contract will be void and of no effect with respect to the canceled portion of the PROJECT. Any SPONSOR deposits on the canceled portion less PROJECT COST incurred on the canceled portions will be refunded following receipt of a letter from the SPONSOR requesting excess funds be returned or at the time of financial closure, whichever comes first. The DEPARTMENT will not participate in the PROJECT COST incurred on the canceled portions of the PROJECT, and Section 8 will not be construed to require the DEPARTMENT's participation in the canceled portion, 12, Payment of or reimbursement to the SPONSOR of any cost by the DEPARTMENT will not constitute a final determination by the DEPARTMENT of the allowability of such cost and will not constitute a waiver by the DEPARTMENT of any violation of the terms of this Contract committed by the SPONSOR. The DEPARTMENT will make final determination as to allowability only after final audit of the PROJECT. 13. All agreements and/or contracts or supply requisitions involving DEPARTMENT funds will comply with Title 49, CFR Part 18, incorporated herein by reference as if the same were repeated in full herein. 14. In the event that an audit performed by or on behalf of the DEPARTMENT indicates an adjustment to the costs reported under this Contract or questions the allowability of an item of expense, the DEPARTMENT will promptly submit to the SPONSOR a Notice of Audit Results and a copy of the audit report, which may supplement or modify any tentative findings verbally communicated to the SPONSOR at the completion of an audit. Within sixty (60) days after the date of the Notice of Audit Results, the SPONSOR will (a) respond in writing to the responsible Bureau of the Department indicating whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a written explanation as to any questioned or no opinion expressed item of expense, hereinafter referred to as the "RESPONSE." The RESPONSE will be clearly stated and will provide any supporting documentation necessary to resolve any disagreement or questioned or no opinion expressed item of expense. Where the documentation is voluminous, the SPONSOR may supply appropriate excerpts and make alternate arrangements to conveniently and reasonably make that documentation available for review by the DEPARTMENT. The RESPONSE will refer to and apply the language of the Contract, The SPONSOR agrees that failure to submit a RESPONSE within the sixty (60) day period constitutes agreement with any disallowance of an item of expense and authorizes the DEPARTMENT to finally disallow any items of questioned or no opinion expressed cost. The DEPARTMENT will make its decision with regard to any Notice of Audit Results and RESPONSE within one hundred twenty (120) days after the date of the Notice of 3/20/14 4 PUBLIC STATELOC v6u, Audit Results. If the DEPARTMENT determines that an overpayment has been made to the SPONSOR, the SPONSOR will repay that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on a repayment schedule within thirty (30) days after the date of an invoice from the DEPARTMENT. If the SPONSOR fails to repay the overpayment or reach agreement with the DEPARTMENT on a repayment schedule within the thirty (30) day period, the SPONSOR agrees that the DEPARTMENT will deduct all or a portion of the overpayment from any funds .then or thereafter payable by the DEPARTMENT to the SPONSOR under this Contract or any other agreement or payable to the SPONSOR under the terms of 1951 PA 51, as applicable. Interest will be assessed on any partial payments or repayment schedules based on the unpaid balance at the end of each month until the balance is paid in full. The assessment of interest will begin thirty (30) days from the date of the invoice. The rate of interest will be based on the Michigan Department of Treasury common cash funds interest earnings. The rate of Interest will be reviewed annually by the DEPARTMENT and adjusted as necessary based on the Michigan Department of Treasury common cash funds interest earnings. The SPONSOR expressly consents to this withholding or offsetting of funds under those circumstances, reserving the right to file a lawsuit in the Court of Claims to contest the DEPARTMENT's decision only as to any item of expense the disallowance of which was disputed by the SPONSOR in a timely filed RESPONSE. 15, This Contract will be in effect from the date of award through three (3) years. Any change to the term of this Contract will be by award of a prior written amendment to this Contract by the parties. 16. Any approvals, reviews, and inspections of any nature by the DEPARTMENT will 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 grant that is the subject of this Contract. Any approvals, reviews, and inspections by the DEPARTMENT will not relieve the SPONSOR of its obligations hereunder, nor are such approvals, reviews, and inspections provided 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. 17. In connection with the performance of PROJECT work under this Contract, the parties (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. The parties further covenant that they will comply with the Civil Rights Act of 1964, being P.L. 88-352, 78 Stat. 241, as amended, being Title 42 USC Section 1971, 1975a-1975d, and 2000a-2000h-6, and the Regulations of the United States Department of Transportation (49 CFR Part 21) issued pursuant to said Act, including Appendix B, attached hereto and made a part hereof, and 3/20/14 5 PUBLIC STATELOC v6w will require similar covenants on the part of any contractor or subcontractor employed in the performance of this Contract. 18, In accordance with 1980 PA 278; MCL 423.321 et sec]; MSA 17.458(22), et seri, the SPONSOR, in the performance of this Contract, will not enter into a contract with a subcontractor, manufacturer, or supplier listed in the register maintained by the United States Department of Labor of employers who have been found in contempt of court by a federal court of appeals on not less that 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 USC 158. The DEPARTMENT may void this Contract if the name of the SPONSOR or 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. 19. In any instance of dispute and/or litigation concerning the PROJECT, the resolution thereof will be the sole responsibility of the parties to the contract that is the subject of the controversy. It is understood and agreed that any legal representation of the SPONSOR in pursuing the resolution of any dispute and/or litigation will be the responsibility of the SPONSOR, 20. The DEPARTMENT and the FAA will not be subject to any obligations or liabilities by contractors of the SPONSOR or their subcontractors or any other person not a party to the contract without their specific consent and notwithstanding their concurrence in or approval of the award of any contract or subcontract or the solicitation thereof. 21. Each party to this Contract will remain responsible for any claims arising out of that party's performance of this Contract as provided by this Contract or by law. This Contract is not intended to increase or decrease either party's liability for or immunity from tort claims. This Contract is not intended to nor will it be interpreted as giving either party a right of indemnification, either by contract or at law, for claims arising out of the performance of this Contract. 22. With regard to claims based on goods or services that were used to meet the SPONSOR's obligation to the DEPARTMENT under this Contract, the SPONSOR hereby irrevocably assigns its right to pursue any claims for relief or causes of action for damages sustained by the State of Michigan or the DEPARTMENT due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, MCL 445.771 - .788, excluding Section 4a, to the State of Michigan or the DEPARTMENT. The SPONSOR shall require any subcontractors to irrevocably assign their rights to pursue any claims for relief or causes of action for damages sustained by the State of Michigan or the DEPARTMENT with regard to claims based on goods or services that 3/20/14 6 PUBLIC STATELOC v6w were used to meet the SPONSOR's obligation to the DEPARTMENT under this Contract due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, MCL 445.771 - .788, excluding Section 4a, to the State of Michigan or the DEPARTMENT as a third- party beneficiary, The SPONSOR shall notify the DEPARTMENT if it becomes aware that an antitrust violation with regard to claims based on goods or services that were used to meet the SPONSOR's obligation to the DEPARTMENT under this Contract may have occurred or is threatened to occur. The SPONSOR shall also notify the DEPARTMENT if it becomes aware of any person's intent to commence, or of commencement of, an antitrust action with regard to claims based on goods or services that were used to meet the SPONSOR's obligation to the DEPARTMENT under this Contract. 23. In ease of any discrepancies between the body of this Contract and any exhibit(s) hereto, the body of the Contract will govern. 3/20/14 7 PUBLIC STATELOC v6w 24. This Contract will become binding on the parties and of full force and effect upon signing by the duly authorized representatives of the SPONSOR and the DEPARTMENT and upon adoption of a resolution approving said Contract and authorizing the signature(s) thereto of the respective representative(s) of the SPONSOR, a certified copy of which resolution will be sent to the DEPARTMENT with this Contract, as applicable, and with the approval of the State Administrative Board. IN WITNESS WHEREOF, the parties have caused this Contract to be awarded. COUNTY OF OAKLAND BY: Title: MICHIGAN DEPARTMENT OF TRANSPORTATION BY: Title: Department Director 3/20/14 5 PUBLIC STATELOC v6)ti EXHIBIT 1 OAKLAND COUNTY INTERNATIONAL AIRPORT PONTIAC, MICHIGAN Contract No. M 63-01-C115 March 19, 2014 Federal State Local Total ADMINISTRATION DEPARTMENT-AERO ENVIRONMENTAL DESIGN Acquire Snow Removal Equipment - Displacement Plow AERO - Design CONSULTANT - Design $0 $0 $0 $3,800 $0 $3,800 $200 $0 $200 $4,000 $0 $4,000 CONSTRUCTION $0 $315,875 $16,625 $332,500 Acquire Snow Removal Equipment - Displacement Plow AERO - Construction CONSULTANT - Construction $0 $0 $0 $312,804 $3,071 $0 $16,463 $162 $0 $329,267 $3,233 $0 $0 $475 $26 $500 $0 $475 $25 $500 $0 $0 $0 $0 CONTINGENCIES TOTAL PROJECT BUDGET $0 $0 $0 $0 $0 $320,150 $16,850 $337,000 MAC Approval: 5/15/13 ATTACHMENT 3 SUPPLEMENTAL PROVISIONS FOR CONTRACTS INVOLVING THE PURCHASE OF EQUIPMENT AT ALL CLASSIFICATIONS OF AIRPORTS 1. The PROJECT COST will include the cost of purchasing the equipment, the cost of advertising for bids, and the cost of the consultant to prepare the specifications and bidding documents. 2. The SPONSOR will advertise and award the contract for the purchase of the equipment in accordance with the following: a. The SPONSOR will submit the equipment specifications and proposal package to the DEPARTMENT for review prior to advertising. b. The SPONSOR will advertise its intent to accept bids for the PROJECT in appropriate publications. c. Following receipt of bids, the SPONSOR will determine the apparent low bidder and prepare a recommendation to award and submit it to the DEPARTMENT for review. Recommendations to award to other than the low bidder will be accompanied by detailed justification. A purchase order to the supplier will not be issued until the SPONSOR has received notification from the DEPARTMENT that it has completed its review. d. The SPONSOR will issue a purchase order to the supplier for the purchase and delivery of the equipment. 3. The SPONSOR will give immediate written notice to the DEPARTMENT upon delivery of the equipment and acceptance by the SPONSOR. Along with the delivery notice, the SPONSOR will submit the original invoice from the supplier indicating SPONSOR approval for payment. 4. The SPONSOR will use the equipment exclusively for aeronautical purposes with relation to the airport that is the subject of this Contract. 5, The SPONSOR will maintain the equipment at a high level of cleanliness, safety, and mechanical soundness. Maintenance will conform to the manufacturer's specifications for such equipment or be as approved by the DEPARTMENT for the life of such equipment. Representatives of the DEPARTMENT and the FAA will have the right to conduct periodic inspections for the life of the equipment for the purpose of confirming proper maintenance pursuant to this Contract. Such inspections by the DEPARTMENT and/or the FAA do not relieve the SPONSOR of its obligations hereunder, nor are such inspections to be construed as a warranty as to the propriety of the maintenance but are undertaken for the sole use and information of the DEPARTMENT and/or the FAA. Page! of 1 APPENDIX A PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS In connection with the performance of work under this contract; the contractor agrees as follows: In accordance with Public Act 453 of 4976 (Elliott-Larsen Civil Rights Act), the contractor shall not discriminate against an employee or applicant for employment with respect to hire, tenure, treatment, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, or marital status. A breach of this covenant will be regarded as a material breach of this contract. Further, in accordance with Public Act 220 of 1976 (Persons with Disabilities Civil Rights Act), as amended by Public Act 478 of 1980, the contractor shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position. A breach of the above covenants will 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 hereinabove set forth in Section 1 of this Appendix. 3. The contractor will take affirmative action to ensure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, age, sex, height, weight, marital status, or any disability that is unrelated to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited to, the following: employment; treatment; upgrading; demotion or transfer; recruitment; advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 4. The contractor shall, 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 disability that is unrelated to the individual's ability to perform the duties of a particular job or position. 5. The contractor or its collective bargaining representative shall send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding a notice advising such labor union or workers' representative of the contractor's commitments under this Appendix. 6. The contractor shall comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil Rights Commission that May be in effect prior to the taking of bids for any individual state project. 7. The contractor shall furnish and file compliance reports within such time and upon such forms as provided by the Michigan Civil Rights Commission; said forms may also elicit information as to the practices, policies, program, and employment statistics of each subcontractor, as well as the contractor itself, and said contractor shall permit access to the contractor's books, records, and accounts by the Michigan Civil Rights Commission and/or its agent for the purposes of investigation to ascertain compliance under this contract and relevant rules, regulations, and orders of the Michigan Civil Rights Commission, S. In the event that the Michigan Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not complied with the contractual obligations under this contract, the Michigan Civil Rights Commission may, as a part of its order based upon such findings, certify said findings to the State Administrative Board of the State of Michigan, which State 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, including the governing boards of institutions of higher education, until the contractor complies with said order of the Michigan 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 Michigan Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Michigan Civil Rights Commission to participate in such proceedings. 9. The contractor shall include or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Michigan Civil Rights Commission; all subcontracts and purchase orders will also state that said provisions will be binding upon each subcontractor or supplier. Revised June 2011 Appendix B (A eronauties) CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21 CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor will comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials of leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor will provide all information and reports required by the Regulations or directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor will so certify to the sponsor of the FAA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: Page 1 of 2 a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor will include the provisions of paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directive issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 2 of 2 FISCAL NOTE (MISC. #14098) April 30, 2014 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT — 2014 GRANT PROGRAM ACCEPTANCE — ACQUIRE SNOW REMOVAL EQUIPMENT — DISPLACEMENT PLOW To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2014-0214, for State funds in the amount of $320,150, and a required local grant match of $16,850 for the development and improvement of Oakland County International Airport. 2. The project consists of acquisition of snow removal equipment (displacement plow) at Oakland County International Airport. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. Target date for project completion is 36 months from the date of the award. 5. The total cost of the project is $337,000 with $320,150 of the cost from State funds, and $16,850 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General fund appropriation is required. Funding is available within the Airport Fund. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Taub and Crawford absent. Resolution #14098 April 30, 2014 Moved by Taub supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Dwyer. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Ili 11 anew APPHOVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 April 30, 2014, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 30th day of April 2014. Lisa Brown, Oakland County