HomeMy WebLinkAboutResolutions - 2016.12.08 - 22710AND BUILDING COMMI,TTEE
MISCELLANEOUS RESOLUTION #16334 December 8,2016
BY: Planning and Building Committee, Philip VVeipert, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL AIRPORT —
2016 GRANT PROGRAM ACCEPTANCE — REMOVE OBSTRUCTIONS — RUNWAY 9R PHASE 2 —
DESIGN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No.
2017-0280, for State funds in the amount of $30,150 for the development and improvement of Oakland
County International Airport; and
WHEREAS the project consists of the design of obstruction removal for Runway 9R 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 $3,350 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 completed County Grant Review Process in accordance with the Board
of Commissioners Grant Acceptance Procedures; 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 $33,500, which includes a local grant match of $3,350, which is available
from the Airport Fund.
BE IT FURTHER RESOLVED that the acceptance of this grant does not obligate the County to any further
commitment.
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 VOTE;
Motion carried unanimously on a roll call vote.
GRANT REVIEW SIGN OFF — Central Services/Aviation
GRANT NAME: 2016 Oakland County International Airport Grant Program — Remove
Obstructions — Runway 9R Phase 2 Design
FUNDING AGENCY: Michigan Department of Transportation
DEPARTMENT CONTACT PERSON: Karl Randall/Patricia Shull/ 248-666-3900
STATUS; Grant Acceptance
DATE: November 15, 2016
Pursuant to Misc. Resolution #13180, 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 (11/14/2016)
Department of Human Resources:
HR Approved (No Committee) —Lori Taylor (11/15/2016)
Risk Management and Safety:
Approved by Risk Management. —Robert Erlenbeck (11/14/2016)
Corporation Counsel:
There are no outstanding legal issues with the above listed grant. — Joellen Shortley (11/14/2016)
CONTRACT NO, 2017-0280
AGENDA; DAB
MICHIGAN DEPARTMENT OF TRANSPORTATION
OAKLAND COUNTY
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 Oakland County, 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
November 10, 2016, attached hereto and made a part hereof,
PROJECT DESCRIPTION: Remove Obstructions - Runway 9R - Phase 2 (includes
LiDAR survey) - Design,
WITNESSETH;
NOW, THEREFORE, the parties agree that:
1, The term "PROJECT COST," as used herein, is defined in Attachment(s) 7, 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.
11/14/16 1 PUBLIC STATELOC v6H)
b. The SPONSOR will comply with the provisions of 1951 PA 51; MCL 247.660h;
MSA 9.1097 (101).
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,
11/14/16 2 PUBLIC STATELOC v6w
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 I 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 $30,150.00
SPONSOR Share $3,350.00
Estimated PROJECT COST $33,500.00
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 90% 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 Contract.
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
11/14/16 3 PUBLIC STATELOC v6w
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 he 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 determinkUn' 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 DEPART1V1ENT 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
11/14/16 4 PUBLIC STATELOC v6w
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 Eighteen (18) months
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-200011-6, 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
11/14/16 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 seq; MSA 17,458(22), et seq. 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 Contraet 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
11/14/16 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 Michigatr 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 case of any discrepancies between the body of this Contract and any exhibit(s) hereto,
the body of the Contract will govern.
11/14/16 7 PUBLIC STATELOC v614,
,ADMINISTRATION
DEPARTMENT-AERO
ENVIRONMENTAL
$0 $225 $25 $250
$0 $225 $25 $250
$0 $0 $0 $0
EXHIBIT
OAKLAND COUNTY INTERNATIONAL AIRPORT
PONTIAC, MICHIGAN
Contract No. M 63-01-C121
November 10, 2016
Federal State Local Total
$3,325 DESIGN
Remove Obstructions - Runway 9R
Phase 2 (includes LiDAR survey)
AERO - Design
CONSULTANT - Design
$0 $29,925
$0 $1,125
$0 $28,800
$33,250
$1,250
$32,000
$125
$3,200
CONSTRUCTION
$0 $0
$0 $0
CONTINGENCIES
$0
$0 $0
TOTAL PROJECT BUDGET
$0 $30,160 $3,360 $33,500
MAC Approval: 1119/16
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.
OAKLAND COUNTY
BY:
Title:
MICHIGAN DEPARTMENT OF TRANSPORTATION
BY:
Title: Department Director
11/14/16 8 PUBLIC STATELOC v6w
ATTACHMENT 7
SUPPLEMENTAL PROVISIONS FOR STATE/LOCAL CONTRACTS
INVOLVING PRELIMINARY ENGINEERING
1. The PROJECT COST will include the cost of the consultant hired to do
preliminary/design engineering for the PROJECT,
2. The SPONSOR will select a consultant to perform each element of the PROJECT that
requires expertise. All consultant contracts will be between the SPONSOR and the
consultant. Consultant contracts will be submitted to the DEPARTMENT for review and
approval. Any such approval will not be construed as a warranty of the consultant's
qualifications, professional standing, ability to perform the work being contracted, or
financial integrity. The SPONSOR will not award a consultant contract not authorize the
consultant to proceed prior to receiving written approval of the contract from the
DEPARTMENT. Any change to the consultant contract will require prior written
approval from the DEPARTMENT. In the event the consultant contract is terminated,
the DEPARTMENT will be given immediate written notice by the SPONSOR.
3, The SPONSOR will be billed by the DEPARTMENT. The amount of the billing will be
the amount shown as the local share on the attached Exhibit 1, The DEPARTMENT will
bill the SPONSOR for the SPONSOR's share of additional estimated PROJECT COST
for changes approved by the DEPARTMENT at the time of award of the amendment.
The SPONSOR will make payment to the DEPARTMENT within thirty (30) days of the
billing date.
4. Payment of all PROJECT COSTS will be made by the DEPARTMENT upon receipt of
an invoice from the consultant approved by the SPONSOR.
Page 1 of I
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 1976 (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 suboontracts 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,
8, 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 13
(4 eronau(ies)
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 I
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 . #16334) December 8, 2016
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND COUNTY INTERNATIONAL
AIRPORT — 2016 GRANT PROGRAM ACCEPTANCE — REMOVE OBSTRUCTIONS —
RUNWAY 9R PHASE 2— DESIGN
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 1. Oakland County has received Michigan Department of Transportation Grant Contract No.
2017-0280, for State funds in the amount of $30,150 and a required local grant match of
$3,350 for the development and improvement of Oakland County International Airport.
2. The project consists of the design of obstruction removal for Runway 9R at Oakland
County International Airport.
3. The Airport Committee has reviewed the project and recommends acceptance of the
grant contract.
4. This contract will be in effect from the date of award through eighteen (18) months.
5. The total cost of the project is $33,500 with $30,150 of the cost from State funds, and
$3,350 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
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Crawford and Quarles absent.
Resolution #16334 December 8, 2016
Moved by Hoffman supported by Woodward the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Scott, Spisz, Weipert, Zack, Bowman, Crawford. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent
Agenda were adopted (with accompanying reports being accepted).
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT To MC't 559A(7)
V/./1 '1(
GERALD D. POISSOIn
CHIEF DEPUTY COUNTY EXE
MING PURSUANT TO MCL
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 December 8, 2016,
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 8th day of December, 2016.
Lisa Brown, Oakland County