HomeMy WebLinkAboutResolutions - 2000.05.18 - 26148REPORT (Misc. #00118) May 18, 2000
BY: FINANCE COMMITTEE - SUE ANN DOUGLAS, CHAIR
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND/TROY AIRPORT
2000 GRANT PROGRAM ACCEPTANCE - CONSTRUCTION OF
RETENTION BASIN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced
resolution on May 18, 2000, reports with the recommendation that
the resolution be adopted with an amendment to strike the NOW
THEREFORE BE IT RESOLVED and BE IT FURTHER RESOLVED paragraphs and
and insert the following:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the draft grant agreement dated May 4, 2000,
as attached, for an amount not to exceed $25,000.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland
County Board of Commissioners is authorized to sign the draft grant
agreement dated May 4, 2000.
Chairperson, on behalf of the Finance Committee, I move the
acceptance of the foregoing Report.
FINANCE COMMITTEE
AtO
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
May 18, 2000
MISCELLANEOUS RESOLUTION #00118
BY: General Government Committee - Shelley G. Taub, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND/TROY AIRPORT
2000 GRANT PROGRAM ACCEPTANCE - CONSTRUCTION OF RETENTION BASIN
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. 2000-0026, for State funds in the amount of
$22,500, for the development and improvement of Oakland/Troy Airport; and
WHEREAS the project consists of construction of a retention basin and
associated drainage improvements;
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 $2,500, which is
available from the airport fund; and
WHEREAS the Airport Committee has reviewed and approved the grant contract
subject to ratification by the Oakland County Board of Commissioners and believes
it to be in the County's interest to accept 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. #95098, 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 $25,000.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of
Commissioners is authorized to execute the grant contract.
On behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
General Government Committee vote:
Motion carried on unanimous roll call vote with Law and Patterson absent.
OAKLAND COUNTY INTL AIRPORT 11 248 666 3341 41•11 '14.1.,V J.C. • lf:1 • f WI 1.1 iwy Imu" J4I'MOM'ILLJO6 05/05/00 10:10 5 :02 NO:293 161 .111,40 MOO JJ41 PI.05M.WM
CONTRACT NO, 2000-0026
AGENDA: DAS
CONTRACT FOR A STATE/LOCAL
AIRPORT PROJECT
THIS CONTRACT is made and entered Into this date of
between the. Michigan Department of Transp0
"DEPARTMdNT"„ and Oakland County Board of Co
"SPONSOR.* for the purpose of fixing the rights and 1
following und,rtalking at OaiclandiTroy Airport, whose
referred to aethe"PROJECT," described In detail in Exhl
hereto arid rrtiede'a part hereof, ze3;
mop- , ,JICAf,,,,\ ' ' ''', "n‘ lbirtld
18$10r1 6krelna ' ' ' ' - "
iOri, ha4 ' fte 1 o., to
1: -; -'' as the
0
i
S of the parties • - . -,c4.: - 'ng to the
city, is TrOy, Miclii ..-: n, hereinafter
'1..-, §,November 24, 1999, attached
PROJECT DESCRIPTION; Construction of
I re p rove merits.
WITNESSETI-1:
NOW, THEFiEFORE, the parties agitii
'75
that:
1. The term "PROJECT 04f," as
heratO arid made .,pa*hereof. k.
el ey thep OittMENT
by tne:101 ";i40101.4 are ri
THE SPI
Passocietecl drainage
%.0).
4'71 i - In usetp114,,qa defined n Attachment(s) 12, attached
rXOST wiII also Include administrative costs
5n with the PROJECT. Administrative costs
Wale PROJECT COSTS
2. P
3. .iegra•cl
t its obligations as outlined in this Contract.
Oci record-keeping,
NOR will AstahlIsh and maintain accurate records, in accordance with
accepted accounting principles, of all aXPertSeS incurred for which
t is sought or made under this Contract, said records to be hereinafter
ibd to os the "RMCCAPS." Separate accounts will be established and
''Inteined for all costs incurred under this Contract.
a. S
geinen
7.1:1 The SPONSOR will nnmply with the provisions of 1061 PA 61; ML 247.660h;
MSA 9.1097 (101).
c. Trio SPONSOR will meintain the RECORDS for at least three (2) years from the
STATELOC vlb 514100
OAKLAND COUNTY INTL AIRPORT ye 248 666 3341 I 11.1 I Lmt • r rwir I • l'ILJU I MCIN.I.Jf rriu o ...11 - cora 05/05/00 1Q:1015 :03 NO:293 OWO rMOG.e.r..)
a. If any part of the work is subcontracted, the SPONSO
subsections (a), (b), (c), and (d) above foliOdubtO
4. Pro*** arFid will require its subcontractors to pfAvide acce
repreeentetives to all technical data, reports, jiti'd du .40,5 pertif0
Coal* of technical data, reports, and other d ent 61 be provide
or IteaubOntractors to the DEPARTMENT • Oast The SPC:i
pernlittepiesentatives of the DEPARTMENT to tpiogitlit progress of all PROJECT work .4:. k
, ..
at isnresionable time Such inspections are,fp
end atte net intended to relieve or negate ar4r4f the
cOntalinedlin this Contract. All techniCalSat,a07- ports,
for •
Period of three (3) years from th ,,i ,,>,,', nal pay
• Oar 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
. Waist until that dispute has been finally decided and the time for all available
challenges or appeals of that decision has expired.
d. Tha DEPARTMENT or its representative may inspect, copy, or audit the
•'RECORDS at any reasonable time after giving reasonable notiCep.
1"
re compliance with
ofk.
6 use of the DEPARTMENT
'S obligations end rlutias
nts will be maintained
TMENTtr its
itract.
bNsioR
agrees to
S.k thoi:Pertiormance of the PROJFigrby it
its behatf, area that it will contply with
atatutire, ordinances, and ragt1ors.'
that à* ePplicable to ths,,herire into
r.)"
mar, or by anyonA tin in
f4, federal, and applicable local
SPOITOPITurthor eirees to obtain all permits
the perfil ance of this Contract.
THE DEPAPiTMEiNT WILL
6. se ,Tc6
ter"
p the Si:IRMO/upon completion of the PROJECT, pay of all
piete all-necessary audits. Any excestatOr deficlencIe$will
SPONSOR.
articipation is estimated to be as shown below and as in the
Ibit 1 is to be considered an estimate. The actual DEPARTMENT
;# re of the PROJECT COST will 15. determined at the time of financial
OJECT,
Dollar Amount
PARTMENT share
ROJECT COST
22.600
2.500
25,000
a. The pROOCT COST will be met in part by contributions from the DEPARTMENT. The
OtPARTMENT funds will be applied to the PROJECT COST at a rate Of 90% for those
Kerne:eligible for state participation, in an amount not to exceed the maximum obilgation
5/4/00 2 • OTATELOC v 1 •
I•
05/05/00 10:10 5 :04 NO:293
Tu;24$ 666 3241 Pl.;GE10,4
OAKLAND COUNTY INTL AIRPORT in 248 666 3341
WU • rmiwi.rwwi MGRUNHUilLt. ' r
Shown In1Section 7, Any items of PROJECT COST not funded with DEPARTMENT funds
Willie the sole responsibility or the SPONSOR.
The SPOIONSOR agrees the costs reported to Me DEPARTMENT for this Contract will
represent oniy those items tnat 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, end terms of this Contract that apply to the reporting of costs incurred under the terms of this Contract,
10. Any a1. ar• in scope of the PROJECT, the DEPARTMENT'sAL
• or the tern1 Of this Contract will be by award of areal-• by Mil parties. .:47"
N4,„ ,f'413Y
11. • in the event it is determined by the DERARTv NT thatOftre wi 40:Kai/Int
'funds or !insufficient time to properly admini#06sayttinds for the '`;:','''.tk•OjECT or
portieins thereof, the DEPARTMENT, prior to sei
mayt social the PROJE-CT Or any portion thered
in tP, event this occurs, this Contract will bt.
eintialocliportion of the PROJrCT. Any SPCOSOR
1,AO:MOT COST incurred on the cancel...000one AO
a letter frem the SPONSOR requestina r.4:Atillt be ra'
,closure, 44hlehever eemes first.
• PROJECT cost,
ent to this Contract
or authorizing wISMSW'Fforrn nce,
written notice to the SPONSOR
p effect with respect to the
the canceled portion less
ad following receipt of
r at tho time of finuncial
The 'OEPiAFITMENT will not paFipata I
portions of the PROJECIAnd 5
cleP*RT/krIENT's partic.tlEiWin the
12. Peyri4ntiof or reimburieent to t
cOr44Ptut4 a final Ott* nation b
eiphstitt140,V:...-..':vor by A
a mm PON tt
on,
of any cost by the DEPARTMENT will not
TMENT of the aliowability of such cost and
kATMENT of any violation of the terms of this
The DPPARTMENT will make final determination
OST incurred on the canceled
be construed to require the
ility OSNlitti0,0‘1, audit of the PROJECT.
13, •All a.' 0.6riott; or supply requisition* involving DEPARTMENT funds will
O• '11*1,41:. $4,,PR Wirt 1E, incorporated herein by reference as If the same were
udit performed by or on behalf of the DEPARTMGNT indicates an
costs reported underthis Contract or questions the allowability of an item
DEPARTMENT will promptly submit to the SPONSOR a Notice of Audit
copy of the audit report. which may supplement or modify any tentative
ally communicated to the SPONSOR at the completion of am audit
;—
sixty (1140) days after the date of the Notice of Audit Results, the SPONSOR will (a)
rospdind lh writing to the responsible Bureau of the Department Indicating whether or not
It cdiNeurs with the audit report, (b) clearly explain the nature and basis for any
•disafthseMent as to a disallowed item of expense, and submit to tha fVPARTMENT a
Within eSolanation as to any questioned or no opinion expressed item of expense,
514100 3 STATELOC vlb
05/05/00 10:10 5 :05
TOse4e 66i; 3341, OAKLAND COUNTY INTL AIRPORT Tiff 248 666 3341 ac;.1.f pKyri:mvui khRUNHUlic ' 5iT-Se6-03646
NO: 293
PAGE:OT
heriiiinatiler referred to as the "RESPONSE," The RESPONSE will be clearly stated and
will 'provide any supporting documentation necessary to resolve any 01$0greement or
gueetioned or no opinion expressed item of expense. Where the documentation is
yoluktindus, the SPONSOR may supply appropriate excepts and make alternate
errangerOents to conveniently and reasonably make that documentation available for
•
review by the DEPARTMENT. The RESPONSE will refer to and apply the language of the
Cooirsotj The SPONSOR agrees that failure tn submit a RESPONSE within the sixty (60)
day $rièd COnstitUtet agreerhent with any disallowance of an itemAi.expense and
nithoriZeS the DEPARTMENT to finally disallow any Items o uesoveird or no opinion 0 N .
0)0148.1d coat. ,
the date of an invoice from the DEPARTME'W, ',,I SPONSOR fails to repay the vt
oVerpayelient or reach agreement with the DE i ..,,,, t a repa yment schedule within
the thirty pO) day paned, the SPONSOR agrW-vs the 1.,Vti,, 'f:1::„..»., TMENT will deduct all or —,.. 0. NI;li , a !tertian of the overpayrnont from a , ,, rids the . .. ii,, ,, 1 , fter payable b y the
bapART ENT to the SPONSOR 1.4h ,i,V*.('-. -a,tract or it . .',; 'S: r agreement or payable
IP the SP NSOR under the terms' ---.S` ,„.' alapplic- :4, interest will be assessed
en any peirtial payments or repeTFt soh ,,. , 1 .)*•,..111 e unpaid balance at the end a
el oath Month until the balance',l paid i , St , I. . ,3! , !merit of interest will begin thirt y
(20) day* from the date of t1;1014nvoice,„ , e rate 4.p. A rest will be based on the micnigan
Depertment of Treasury coilrisMon bee ,'' unds int, ,.. st earning s. The rate of interest will be nt
reviewed annually by tttlitt(EPA --,,, . EN1 a ' •vadjustecl as necessary based on the
Michigan bepartmant giteroasury, :4. mon -*, funds interest earnin g s The SPONSOR i
exmesely! conse rAhojt : is wlthh ,s.ilifi.,; -Tettin g of funds under those cirok.irretances,
the rialf*Jfitfle laws 0141k,,,f ' 'curt of Claims to contest the DEPARTMENT's
teri of expense the disallowance of which waa disputed b y the
OCPRESPONSE.
The :DEPARTMENT will make its decision with /7 .- to an
RESPONSE within one hundred twenty (120k .:.: ye after t
Resialts, :If the OFPARTMENT determines &titan (we / lvsr
SPO4SCIA, the SPONSOR will repay tha( u t4114
e S
tEP '
agreement with the DEPARTMSNT on a repot* ecikole withinAthi
uclit Rea ultsAnd
otice 0,(1;cilt
Aldt,:tO the
or mach
days after
a period of 38 months from the date of award, 15. This
16, ofoe'llipprOv314
consiNad, as rr eapreaslyiund
( purposes of ti
h is the:sub •
ContractiO
and inspections of any nature by the OEPARTMENT will not be
or assumption of liabilit y on the part of the DEPARTMENT. It is
foOd and a greed that any such approvals are for the sole and exclusive
DEPARTMENT, which Is acting in a governmental capacity under this
at such approvals are a oovernmental function incidental to the grant that
of this Contract.
ieValt, review*, and inspections b y the DMPARTMENT will not relieve the
SOP of its ObilgatiOnS hereunder, nor are such approvals, reviews, and inspections -- provided by the DEPARTNIFNT to be construed as a warranty as to me propriety of the
SPOttISOR's performance, but are undertaken few the sole use and information of the
DEPARTMENT,
STATELOC v I b 5/4/00
21. gisOrlitipikagRealtractVifl remain responsible for any claims arising out of that party's
tract as provided by this Contract or law.
tended to increase or decrease either party's liability for or immunity
s not intended to nor will It bo interpreted as giving either party hereto a right
cation, either by contract or at law, for claims arising out of the performance
ntract.
liktforen a nicerlq
This Ciontract I
from tort claim
05/05/00 10:10 5 :06 NO:293 Isbb 4..41 PAGE:OG
OAKLAND COUNTY INTL AIRPORT "if 248 666 .3341 I VV 1Q.40 rMUI1:14WW1 meALIPINUI1L5 Z14-tklb-4,51TAD
17 in connection with the perforrnerio* of PROJECT work uneler this Contract, the parties
(hereitieftar in Appendix A referred to as the "contractor") agree to comply with the State
of Misthigah provisions for "Prohibition of Discrimination in State Contracts" as set forth in
AppeVidix A, attached hereto and made a part hereof, The parties further covenant that
they will clomply with the Civil Rights Act of 1964, being P.I., 99-352, 78 Stat. 241, as
amended,lbelng Title 42 U.S C, Section 1971. 1975a-1975d and 2000a-2000h-8 and the
Regu9Stions of the United States Department of TransportatiOn (49 C.F.R. Part 21) issued
pursuant t4a said Act, Including Appendix Ig, attached hereto and made Ak Oui hereof, and
Will railluira similar covenants on the pent of any contractororaubcordielor employed in Asa. the patforitnence of this Cnntract
18. In acOordince with 1980 PA 278; MCL 423.3aet Sega: M..•''i:„,, ,..1K- 9 22) et secOrle
SPONSOR, in the performance of this Contrl, will no ',''r i'..."1:: ntract /WT,th a itt
ii.alseeintre'etor, monufacturer, or supplier lists' I v, the regOter main '7‘ '''''..1.t1,,„.fi gt;IpliM•1 of
Mithifiien,bepartment of Labor, of amployere ,. .q , : ineen found ilet,',-i::)>:' of court
by a faclel'al court of appeals on not less tlf-, A 4 , (3) occasions l' ,, F g different
violealOns ;during the preceding seven (7) y iff:;!7.1.'".V,:' Aura to correct an unfair labor
praetiée, els prohibited by Section 8 of Chants!!! *k44,-..AlpitIonal Labor Relations Act,
20 U.S.C.159, The DEPARTMRNT may voidThisCe.:!f,,,::!1' name of the SPONSOR . ,. Cirthilnanie of a subcontractor, manufaarzwupoill ,,,,)!NE,i. ,:!, the SPONSOR In the
ier perfoiamice of this etultr in eet subsequ, ,. „:il, , ,...te the '1'. ' during the performance
period of this Contract. e- ....A0i4lakftV%. iraiif
1,1
19. In aryilinstence of dispute and/oggation '7,',4:,.:PROJGCT, the resolution thereof
will be the sole responsibileof the n- les to •ntract that is the subject of the
coo-drove*. It it, understes and ag ed that arwlegal representation of the SPONSOR
in Ouraulme the resolutioW.J"iiny opte and/oPfitigation will be the responsibility of the
galt),NSOp, „Olk
i 2 , K . i Onl IT Z: 1 , .1
11‘ " u• YArla t . Pil,Sk ,,,-4,7 ;,,,,,r,-,,..,44 the Pk, Ifir ' ( be subject to any obligations or liabilities by
Of the - -„ :7s41... or their subcontractors or any other person not a party to this
tout Its4spe .2.-,,,t.onsent arid notwithstanding its Concurrence in or approval of
y cont7A
22. -7,11software used by the SPONSOR in the performance of services for the OEPARTmENT
under this Contract, either for sale or license to the DEPARTMENT and used by the
DEP/01'4E1'4T prior to, during, or after the calendar year 2000, includes or will Include,
;grid 6ddeld cost to the DEPARTMENT, design and performance so as not to cause delay
6/4/00 . 8TATELOC vib
20.
contract or the solicitation thereof.
05/05/00 10:10 5 :07 NO:293 lu;asu tatid PAGE:07
OAKLAND COUNTY INTL AIRPORT 6' 248 666,3341 w, yy 11%W1J.11YY1 ..,1(-000-WOO
In coMpletlon of the services under this Contract or cause the DEPARTMENT to
expetiencle software abnormalities and/or the generation or Incorrect results from tee
software due to date-oriented processing in the operation of the business of the
DEPARTMENT. Also, any software used by the SPONSOR to carry out its normal
busInass,:e.g. accounting and payroll, will not cause delay In completion of the services
undetthisiContract due to oate-oriented processing in the operation ef the business of the
aftemsop, Therefore, any business failure due to software problems attributed to tee
calendar Year 2000 Is unacceptable as a Cause for delay In providing Sellices under this
COribilati
io inaurelyear 2000 compatibility, the software
data itrudtures (databases, data files, etc.) ttia
that Centain date century recognition , including
and lierci4vere device Internal system dates;
eigorehme, calendar generation, aslant recogl
prochiOe date values) that accomrTiodetes sa
date .'values; interfaces that supply data to
orgerilzetilons that prevent non-compliant clat
&Aker interifaees (Le., screens, reports, etc!
eaturince that the year 2668 wUl be cerr
end ittablertider lagle,
, . .
23, Imes*• oflany discrepancies bc •n the
the heridy ilpf the Contract will go*r 'n.
Vide 4-di
not limit
lcu1ati'nd pr
processing
and enwitl -centi
data from other systems or
entering any State system;
how 4-digit years; end
ar within all caleuletion
ut is not limited to,
tury stored,iate
in databAses se cort
Mat use or
mules and
Act and any Exhibit(t) hereto,
24 This Contract will becomitlreding
by tha &Ay authorized Oft ifs for
the eitoptilon of a resolappro
°flat :respeetiveire (s) of th
d 40 thi0:0 and w
hd of full force and effect uoon sIgnino
and for the DEPARTMENT and upon
act and authorizing the signatures thereto
, certified copy of which resOlutiOnwlI bo
gral of the Stale Adrninistrative
BY:
ge_parties have caused this contract to be awarded
BOa6rOF COMMISSIONERS >.
A tsil DEPARTMENT OF TRANSPORTATION
Department Director
STATELOC vl b 5/4/00
CON1IVEt1CIES
Funding:Con!tingency
rL1L II
$0 $0
$0
12
so $0
p.,,,,Immo NNIMP.M11•1111.11•1+WW.•
OAKLAND COUNTY INTL AIRPORT W 248 666 3341 05/05/00 10:10 5 :08 NO:293 .". I It..I I_II II II.J I I UW,L1 6141.11.1 1:70W
EXHIBIT I
OAKLAND / TROY AIRPORT
TROY, MICHIGAN
gag State/Local
24-Nov-S9
State Local Total
ADMINIATRATION $0 $0 $0
DEPARTMEIT•AERO $0 $0 $0
C019.,S14U0'10V
Construct R4tention Basin
& Drn4e itnprovements:
$22,600 $2,600 $25,000
$2,500 $25,000 $22,600
TOTAL PROJECT BUDGET $22,500 52 1500 $25,000
05/05/00 10:10 5 :09 NO:293 TO:248 666 3341 PAGE:0$
OAKLAND COUNTY INTL AIRPORT TO 248 666 5341 ia. ulmuul HhKLIINHUliLt, 51e-Widb-W612,
ATTACHMENT 12
SUPPLEMENTAL PROVISIONS FOR STATE/LOCAL CONTRACTS
INVOLVING NiO.R. THAN $10,000 STATE FUNDS
WITH THE BII) OPENING HANDLED BY THE SPONSOR
. .
I The term PROJECT COST as herein used is hereby defined as the cost of all work
necessary to complete the items identified in the body of this Contract as the PF.O.TFCT.
2. 1 lj. The Sponsor shall select a consultant to perform each element of th e PRNECT which
requires such expertise. All consultant contracts shall be between the SPONSOR and the consultant.
Consultant coi.itraqts shall be submitted to the DEPARTMENT for review and approval. Any such
approvals shall nOt be construed as a warranty of the consultant's qualifications., professional
standing, obi*/ t6, perform tht work ben i; contracted, or financial integrity. The SPONSOR shall
not exeonte :ionl),LitAnt contract nor authorize the consultant to proceed prior to receiving written
approval Of the coatrao fi.orn the DEPA.P.TM ENT. Any change to the consultant contract requires
prior written appraisal of the D'EPA.RTM SNT. In the event the consultant contract is terminated, the
DEPARTMENT +all be siven immediate written notice by the SPONSOR.
3.
• ;
• The SPONSOR is responsible for obtainins bids for the PROTECT work and shall
make a recomtiencilation to the DEPARTM.ENT To award a Contract. The recommendation to award
a Contract N,Vitt inelude a summary of all bids received. if the SPONSOR recommends awarding a
Contract bother than the lowest bidder. a written explanation detailing the SPONSOR'S rationale
shall be provided..
4... ;.The SPONSOR shall have the contract between the SPONSOR and the successful
contractor approved by the DEPARTMENT prior to executing said contract.
5. ..*UPOn written notification from the SPONSOR that the contractor has been given a
notice to proceed and an executed copy o f that contract, the DEPARTMENT will pay the SPONSOR
fitly percent (.50) of the DEPARTMENTS share of the PROJECT COST shown on the attached
FAChihil 1 or Mf percent (50%) cf said contract. The SPONSOR shall pay the contractor
immediately tipon!receipt of their billintz. Upon receipt cf verification from the SPONSOR that at
least fi(tipereent 450%) of the contract has been completed and paid for, the DEPARTMENT pay
the remaininaamcpunt of the DEPART.MENTS share of the PROJECT. Upon completion of the
PROJECT and payment of all elieible and allowable PROIECT COST, the SPONSOR will submit
within 1SO daiis otcompletion of the project copies of contractor invoices and cancelled checks to
thc D.EPA.P.T.04P.IkilT as evielonse of actual expenditures.
6. Th. SPONSOR shall operate and maintain in a safe and serviceable condition the
Airport and ell facilities thercon and connected therewith which are necessary to serve the
aeronautical users bfthe Airport other than facilities owned or controlled by the United States or the
1 of 3 May31, 1994 Aera 12
OAKLAND COUNTY INTL AIRPORT TET 248 666 3341 05/05/00 10:10 5 :10 NO:293 ro-11-104 we) 1e..dt! •RUI!J.VILI.J1 memi,INHut4L.5 '..+11-,5$45-wJme luic4a 1515M .1...)14.1 F-1-Ant:ILI . . •
State Of Michigan for a period of twenty (20) years from the data of this Grant Contract, and win
not pemit any aotA,ity eon which would interfere with its use for airport purposes; provided that
nothing herisil shill be Construed as requiring the maintenance, repair, restoration, or replacement
of anystrecture or facility which is substantially damag,ed or destroyed due to any act ofOod or other
condition or Circursninces beyond the control of the SPONSOR.
ThO airport shall be maintained in full operating Condition on a year-round basis in
accordance NOith general utility licensing requirements set forth by the Michigan Aeronautics
Commission .:rulea and regulations. During this period, the Airport shall not be abandoned or
permanently oed without the express written permission of the DEPARTMENT. Failure to
comply with this section shall constitute, Founds for forfeiture of the PROJECT andlor repayment
of PROJtCT:tOSTS on A pro rata basis.
.•
7. • shbuid the SPONSOR desire to abandon, close, sell or otherwise divest itself of the
airport or any;.portiion thereof, the SPONSOR agrees to also provide to the IDEPARTNIENT a prior
written nOtiee of any such intent giving. the DEPARTMENT, for a period of one hundred eighty
(180) days al6r 4ceipt or such nofice, a first right to ourehese at fair market value the airport and
all facilities thereon. 'Fair market value shall be determined by an independent appraisal of such
propertieS. •
, The notice of intent and first right to purchase shall be provided via registered or
certifiedmait, return receipt, postegt prepaid, addressed to the Deputy Director of the Bureau of
Aeronautics i lMichigan Department of Transportation.
S. Ireaccordance with the Department's administrative guidelines regarding airspace
rev irernenti for tate funded airports, the SPONSOR will either acquire and retain easements or
other interests in itir rights for the use of land or airspace, or adopt and/or enforee Z.oning regulations
to prevent the construction, crecti6r1, filterAtiOrk, 01 growth of any structure, tree orother object in
the airport'sapproach area.
. ,
9, .F4r a period of twenty (20) years, the SPONSOR will make the airport available,
as an airport, folr public use, to all types, kinds and classes of aeronautical use on fair and
reasonable *ma and without unjust discrimination. Rates char ged to aeronautical users will be
determined or thie basis of the cost to the SPONSOR of providing the facility. In any agreement,
contract, Waite, of other arrangement inder which aright or privilege at the airport is granted to any
person; firrri''.; or Corporation to conduct or engage in an approved non-aeronautical activity, the
SPONSOR will eharge fair market value for the right to conduct such activity. During this period,
for airports etwngidipy a political sub-division of the State, all revenues generated by the airport, for
either aeroniuticht or non-aeronautical activities, will be expended for the Capital or operating costs
of the airpor!e, the local airport system; or other local facilities, which are owned or operated by the
SPONSOR and directly and substantially related to the actual air transportation of passengers or
property.
Aero 12 . 2 of 3 May 31, 1994
OAKLAND COUNTY INTL AIRPORT 176 248 666 3341 05 105/00 10:10 5 :11 NO:293 "—, '..U1"Cleb -LIbbb lUld4h;, 6E6 3.341 PAL Ii
10, in any agreement, contract, lease or other arTangement under which a right or
privilege at the airPort is granted to any person, firm, or corporation to conduct or engage in any
aeronautical aetivity for furnishing services to the public at the airport, the SPONSOR will insert
and enforce prpvislons requiring the contractor to:
a.rurnish said services on a fair, reasonable, and not unjustly discriminatory
basis tei all Lzsers thereof, and
: 'b. Charge fair, reasonable, and not unjustly discriminatory prices for each unit
or seriolice provided, that the contractor may be allowed to make reasonable or
nondiaorimjinatory discounts, rebates, or other similar types of price reductions to volume
purchasers.
3 of 3
OAKLAND COUNTY INTL AIRPORT re 248 666 3341 PRLTI:MUUF HW.O.INHUIlLto 05/05/00 10:10 5 :12 NO:293 TO:249 66g. 1.241. PAGE:la
APPENDIX
PROHIBIT:0N OF DISCRIMINATION IN STATE CONTRACTS
. .
In connection with theperhormarice of work under this contract; the contractor agrees es follows!
1, In accOrdanCliwiln Act No. 453, Public Acts of 1g78, the contractor hereby Agrees not to discriminate against 2
employee or ppli4ant for employment with respect to hire, torture, terms, conditions, or privileges of employmeni
or as a matteridlreCtly or indirectly related to employment, because of race, color, religion, national origin, age, se)
height, weight., or Onarital status. Further, in acoordance with Act NO, 220, Public Acts of 1976 as amended by Ac
Na. 4 T8.. Pubfl AOts 011960 me contractor hereby agrees not tU discriminate soli-1st an employee or applicant. fc
emoloyMent with respect to hire, tenure, terms, conditions, or privileges Or employment, Or a matter directly
indirectly related to employment, because of 3 disability that is unrelated to the inolviduars ability to perform th;
duties ofa padicular job or position, A breach of the above covenants Shall be regarded ELS a material breach of thi
contract.
2. The contrattai herieby agrees that any and all sli bcontracts to this contract, whereby a portion of the work set fortl
In this contradt is to be performed, hall contain a covenant the same as haraingionve sat forth in Section I of thi ,
Appendix. ;
. , •
q• The coh.treet6rwill tette affirmative getiOIlto insure that applicants tor emoloyment anti employees are treated withou
regard tø 9114r race, color, religion, narional origin, liQe, sex, height, weight, marital status or a disability that
unrelated to yip inClividust's obility to perform the outtes ofa parlicutar job Or position. Swell action shali Include, bu
not be lirrtite4 to, he following, employment. upgrading. demotion or transfer, recruitment advertising; layoff
termination: rates Of Day or other forms of compensation . and selection for training, Including apprenticeship,
4 The centractdowill, in all solicitations or advertisements for employees placed by or on behalf or the contractor, state
that all qualified applicants will receive consideration for employment without regard to race, color, religion, nation@
origin, age. sox, height. weight, marital status or disability that is unrelated to the individual's ability to perform itio
duties of a particular job or oosIllon
. ,
5 The contractor or his collective bargaining representative will send to each labor union or representative of worker:
with which he hasia collective bargaining agreement or other Contract or understanding, a notice advising the salt:
labor t.inion or workers' representative of the contractor's cornmanhents under this appendix,
6. The contract& wili comply with all relevant published rules, reguiations, Cirectives, end orders of the Michigan civi
Rights COMM1SSIOin which may be in effect prior to the taking Of bids for any incliviclual state project.
7. The contractor wig furnish and file compliance reports within Such time and upun such fumis as provided by thif
MichiOan Clvii Rights Commission, said forms may also elicit information as to the practices. policies, program, anc
employment Statistics of each subcontractor as well as the contractor himself, and said contractor will permit 3GCC3.1
fn his k5641144,.M1LOrrIA, 2ccounIt Osi the Michigan Civil PtIghtg ConimiSsion and/or its agent, for purposes 01
investigation IC aacertain compliance with thiS contract and relevant with rules, regulations, and orders of the
MiChigall Civil RiCthts COMMISSIOn,
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a Contractor rig
not complied with the contfa cwa l cbligations under this agreement, the Civil Rights Commission may, as oarl of its
order based ropcn;suah findings. certify said findings to the Administrative Board of the State of Michigan, which
Administrative B0E0 May order the Cancellation of Me Contract fuund to nave Derzn violatao anclicr doolare the
contraeter. ineligible for futura contracts with the state and Its political and civil subdivisions, departments, ano
officers, and InclutOino the governing boards of inslitution.s of higher education, until the contractor complies with Saill
order ot the Civil Ffiights Commission. Notice of said declaration of future ineligibility may be given to any or all of
the oarsenS +With Whom the Contractor is declared inelinible to contract as a contracting party in future contracts. In
eny cate betere he Civil Rights Commission in which cancellation 01 an existing contract is a the
contracting ataendy shall be notified of such possible remedy and shalt be given the option by the Civil RightS
COMMISSi011to pertiCIpate in such proceedirlgS.
Q. The contractor wilt inClude, or incorporate by reference, the proviSiOnS of the foregoing paragraphs (1) through (3)
In every sub4oritract or purchase order unlesS exempted by the rules, regulations or orders of the Michigan Civil
Rights ComMIssicin, and wilt provide In every subcontract or purchase order that said provisions will be binding upon
each ALibCOliffee4r CV seller.
MalCh, 190
OAKLAND COUNTY INTL AIRPORT V248 666.3341 05/05/00 10:10 5:13 NO:293 • 6. I I../1 I / 44/1 I 1 1 1 IL-1 l4J1 II R./ 1 J. 4../ WWW 4J4114=) WVW PH(5M.1..; ' .•
Appendix B
(Aeronautics)
CIVIL RIGHTS ACI OF 1984, TITLE V1- 49 CFR PART 21
CONTRACTUAL RECOU1REMENTS
During the perfOrinance of this contract, the contractor, for itself, its assignees and SuOCeSSOrs in interest (her-ell-la,
referred to is the "contractor") agrees as follows
•
. ,
1. CoMpliahoe with Regulations. The contractor will comply with the Regulations relative to nondiscriminati
in fladerstily aSsisted programs of the Department of TranSpOrtation (hereinafter "DOT") Title 49, Code
Peelers' IRegulations, Part 21, as they may be amended from time to time (hereinafter referred to as t
•RegulatlOns), which are herein incorporated by reference and made a part of this contract.
. .
2. . Noridisarnination, The contraCter, with rogart to the work performed by it during the contract, will r
diSeriMinate on the grounds of race, color, or nationai origin in me selection and retention of suboontracto
indliidIng procurement of materials and leases of equipment. The contractor will not participate either dlrec
or iiidlreictly in the discrimination prohibited Iny section 21,$ of the Regulations, including emolnyrro
• • pretticeS when the contract covers a program set fonh in Appendix e of the Regulations.
,
3, 'Soiteitatiion for Subcontracts, Including Procurement of MaterlaIS and Equipment. In all solicitations eitt
by competitive bidding or neooliation made by the contractor for worts to be performed under a subcontra
inclUding procurement of materials of leases of equipment, each potential subcontractor or supplier will
• notified ty the contractor of tne contractor's obligations uridee this contract and the Peoulatioos r618tive
•omdiScilmination on the grounds of race, color, or national origin.
4, Infierna0on ANS Reports. The contractor will provide all införrnation and reports required by the Regulatio
or &actives Issued pursuant thereto and will permit access to its books. records, 8000untS, other sours
of lafOrrhation, and Its facilities as may be determined by the Sponsor or the Federal Aviation AdMIniStratl
(FAA) tO DC pertinent to ascertain compuerioewilli u Reciulations, orcle.rs, and iftstructions, Where R
infOrmatton required of a Contractor is in the exclusive possession of anatner who falls or refuses to fur Ii
thitinforation. the contractor will so certify to the sponsor Of the FAA, as soprOOriate, and will set forth wr
• . •effdirts RI has made to obtain the Information,
• 5. Santtlons for Noncompliance. In the event of the contractor's noncompliance with the noncilecriminatl
provisioths of this contract, the sponsor will Impose such contract sanctions as It or the FAA may deterrni to tie appropriate, including. but not limited to:
.a VvIthhoiding of payments to the contractor under the contract until the contractor complie.1, Andd
b, ;.: Cancellation, termination, or suspension of the contract, in whole or In part.
• f
6 Intatirpoilation of Provisions, The contractor will include the OroviSiOns of paragraphs I through 5 in eve
•suboonte,act, including procurement of materials and leases of equipment, unless exempt by the Regulatio
• or directive issued pursuant thereto. The contractor will take 51,40 action with respect to any subcontrsct
proeurerinent as the sponsor or the FAA may direct as a means of enforcing Such provisions inCludil
satictiortis for noncompliance. Provided, however, that in the event 0 contractor becomes involve In, or
• thraatoniaa with, litigation with a subcontractor or supplier as a result of such direction, the contractor ni
'molt:test the Sponsor to enter into &LIM IltiOatiOn to protect the interests of the sponsor and, in aduition,
scostractpr may request the United States to enter into such litigation to protect the interests of the Uniti
FISCAL NOTE (Misc. #00118) May 18, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND/TROY AIRPORT 2000 GRANT
PROGRAM ACCEPTANCE - CONSTRUCTION OF RETENTION BASIN
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 $22,500 (maximum obligation) in
State funds, under a Michigan Department of Transportation
Grant Contract 2000=0026 for the development and
improvement of Oakland/Troy Airport. The project consists
of construction of a retention basin and associated
drainage improvements.
2. A County match of $2,500 is required and funding is
available in the Airport fund balance.
3. The Airport Committee has reviewed and approved the grant
subject to ratification by the Oakland County Board of
Commissioners.
4. The following Amendment to the Fiscal Year 2000 Budget is
required.
13-137201-00050-8005 Estimated Profit or Loss ($2,500)
13-137201-00050-2872 Grant Match 2,500
0
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
William Caddell, County Clerk
Resolution #00118 May 18, 2000
Moved by Dingeldey supported by Colasanti the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Dingeldey supported by Colasanti the resolution be adopted.
Moved by Dingeldey supported by Colasanti the resolution be amended to
coincide with the recommendation in the Finance Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt,
Palmer, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti,
Coleman, Dingeldey, Douglas, Galloway, Garfield. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
E FOREGOING Fr' j
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 May 18, 2000 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 18th daynof May, 2000.