HomeMy WebLinkAboutResolutions - 2001.07.19 - 26409MISCELLANEOUS RESOLUTION #01179 July 19, 2001
BY: General Government Committee - William R. Patterson, Chairperson
IN RE: CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT
2001 GRANT PROGRAM ACCEPTANCE - AIRPORT CRACK SEALING
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. 2001-0598 for State funds in the amount of
$15,000, for the development and improvement of Oakland County International
Airport; and
WHEREAS the planning project consists of airport crack sealing; 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 $15,000, 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 $30,000.
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
Motion carried unanimously on a roll call vote with Crawford and McPherson
absent.
X Initial Revision # Final Extension Other *
PERSONNEL DEPT:
Approved Signature:
//
Disapproved * Modify * Date:
RISK MANAGEMENT AND SAFETY:
No Date: X Is Board Resolution required? Yes - Resolution #
CONTRACT/PROGRAM REVIEW REQUEST
June 5, 2001
Patricia Shull, Aviation Division
Central Services - Oakland County Internation jtV/—
Title/Subject: 2001 Grant Program Acceptance - Airport Crack
File # Department:
Contact Person: K.Randall./P. Shull Telephone #: 666-3900
STATUS: (Check appropriate box)
Date:
To:
From:
1011111•••
* If "other" is checked, please explain:
Disapproved *
MANAGEMENT AND BUDGET:
Fy7 Approved
CORPORATION COUNSEL:
Approved l Disapproved *
Modify * Date: Signature:
Modify * Date: ?/(1/0./ Signature:
Modify * Date: Signature:
Approved
Disapproved *
CONTRACT/PROGRAM SYNOPSIS:
Grant contract for State funds in the amount of $15,000, with a local grant match of
$15,000, which is available from the airport fund. The project consists of airport
crack sealing at Oakland County International Airport.
* When "Disapproved" is noted or "Modify" is requested, attach explanation.
Risk Management & Safety — Revised 2198
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Initial 7 Revision # Other * I Extension y, Final
Date: Is Board Resolution required? X I Yes - Resolution #
Risk Management & Safety — Revised 21911. -
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CONTRACT/PROGF,AIVIAREVIEW REQUEST
Date:
To:
From:
June 5, 2001
Stan Favne, Risk Management and Safety
Patricia Shull; Aviation Division
wwwwwwialslonevastimaimmalmis
Title/Subject:-
File #
Contact Person:
Central Services - Oakland County International Airport
2001 Grant Program Acceptance - Airport Crack Sealing
Department: Central Services/Aviation
Telephone #: .666-3900 K.Randall/P.Shull
MMILININIMMIIMn1•=111.
STATUS: (Check appropriate box)
* If "other" is checked, please explain:
fr1n10n1111•11111n••n••••=11111M4
PERSONNEL DEPT:
Approved 1 Disapproved * n Modify * Date: Signature:
RISK MANAGEMENT AND SAFETY:
Approved ET Disapproved * fl Modify Date /sx a/ Signs.;
MANAGEMENT AND BUDGET:
n Approved 1-1 Disapproved * 77 Modify * Date: Signature:
CORPORATION COUNSEL:
1 Approved pi Disapproved * pi Modify * Date: Signature:
CONTRACT/PROGRAM SYNOPSIS:
Grant contract for State funds in the amount of $15,000, with a local grant match of
$15,000, which is available from the airport fund. The project consists of airport
crack sealing at Oakland County International Airport.
* When "Disapproved" is noted or "Modify" is requested, attach explanation.
•
01/04/90 13:11 :05/09 N0:029
Oakland County Grant Application/Acceptance
Summary Report
Central Services - Oakland County International Airport
Title of Grant 2001 Grant Program Acceptance - Airport Crack Sealing
Grantor Agency Michigan Department of Transportation
Title of Grant Funded Program Michigan State Block Grant
Notification Date 5/30/01 Submission/Acceptance Deadline 7/20/01
Requesting Department/Program/Agency Central Services - Aviation
Grant being submitted is: New x Renewal Modified
The maximum number of years for which this grant is available: N/A
This will be the year of grant funding for this program.
Is this program projected to extend beyond the current grant funding period? No
GRANT SUMMARY GRANT GRANT VARIANCE i REQUEST ACCEPTANCE AMOUNT*
($$ AND %)
Number of grant funded positions
I N/A
I Total amount ($$) of grant . 15,000
Grant funded personnel costs N/A
Grant funded fringe benefits N/A
Grant funded program costs N/A
County match requirements 15,000
County match funding source Airport Fund
(Account No., OCA, PCA Object Level 3) 137201000503196
i State & local match requirements
(provide amount and percentage)
I
Grant funding period
(provide mauyy — mmfyy)
Indicate any variance between the original grant application and the final grant acceptance (in dollar
amounts and percentages).
Extension Final i I Other *
Date: je7.1 Yes - Resolution # Is Board Resolution required?
CONTRACT/PROGRAM REVIEW REQUEST
Date:
To:
From:
Title/Subject:
File #
Contact Person:
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STATUS: (Check appropriate box)
Initial 1 Revision #
* If "other" is checked, please explain:
PERSONNEL DEPT:
Approved Disapproved * Modify * Date: Signature:
RISK MANAGEMENT AND SAFETY:
Approved Disapproved * Modify * Date: Signature:
MANAGEMENT AND BUDGET:
Approved Disapproved * I Modify * Date: Signature:
CORPORATION COUNSEL:
Approved Disapproved * Modify * Date: Signature:
CONTRACT/PROGRAM SYNOPSIS:
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* When "Disapproved" is noted or "Modify" is requested, attach explanation.
Risk Management & Safety - Revised 2/98
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CONTRACT NO. 2001-0598
AGENDA: DAB
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 Board of Commissioners, 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 May 22,
2001, attached hereto and made a part hereof.
PROJECT DESCRIPTION: Airport Crack Sealing.
WITNES SETH:
NOW, THEREFORE, the parties agree that
1. The term "PROJECT COST," as herein used, is defined in Attachment(s) 17, 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.
5/22/01 • 1 PublicSTATELOC vi
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. The SPONSOR agrees to pay each subcontractor for the satisfactory completion of work
associated with the subcontract no later than ten (10) calendar days from the receipt of each
payment the SPONSOR receives from the DEPARTMENT. The SPONSOR agrees further
to return retainage payments to each subcontractor within ten (10) calendar days after the
subcontractor's work is satisfactorily completed. Any delay or postponement of payment
from these time frames may occur only upon receipt of written approval from the Engineer.
These requirements are also applicable to all sub-tier subcontractors and will be made a part
of all subcontract agreements.
This prompt payment provision is a requirement of 49 CFR, Part 26.29, and does not confer
third-party beneficiary right or other direct right to a subcontractor against the
DEPARTMENT. This provision applies to both Disadvantaged Business Enterprise (DBE)
and non-DBE subcontractors.
6. 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
5/22/01 2 PublicSTATELOC vi
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:
7. Make final accounting to the SPONSOR upon completion of the PROJECT, pay of all
PROJECT COSTS, and complete all necessary audits. Any excesses or deficiencies will be
returned to or billed to the SPONSOR.
IT IS FURTHER AGREED:
8. The PROJECT COST participation is estimated to be as shown below and as in the attached
Exhibit 1. 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 15,000
SPONSOR share 15.000
Estimated PROJECT COST 30,000
9. 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 50% for those
items eligible for state participation, in an amount not to exceed the maximum obligation
shown in Section 8. Any items of PROJECT COST not funded with DEPARTMENT funds
will be the sole responsibility of the SPONSOR.
10. 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.
11. Any change in scope of the PROJECT, the DEPARTMENT' s share of the PROJECT cost,
or the term of this Contract will be by award of a prior written amendment to this Contract
by the parties.
12. In the event it is determined by the DEPARTMENT that there will be either insufficient funds
or insufficient time to properly administer such fiinds for the entire PROJECT or 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
5/22/01 3 PublicSTATELOC vi
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 9 will not be construed to require the
DEPARTMENT's participation in the canceled portion.
13. 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.
14. 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.
15. 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 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 excepts 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 Audit
Results. If the DEPARTMENT determines that an overpayment has been made to the
5/22/01 4 PublicSTATELOC vi
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.
16. This Contract will be in effect for a period of 18 months from the date of award.
17. 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.
18. 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 U.S.C. Section 1971, 1975a-1975d and 2000a-2000h-6 and the Regulations
of the United States Department of Transportation (49 C.F.R. Part 21) issued pursuant to
said Act, including Appendix B, attached hereto and made a part hereof, and will require
5/22/01 5 PublicSTATELOC vi
similar covenants on the part of any contractor or subcontractor employed in the performance
of this Contract.
19. In accordance with 1980 . PA 278; MCL 423.321 et seo; 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 State of
Michigan, Department of Labor, of employers who have been found in contempt of court by
a federal court of appeals on not less 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 U.S.C. 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.
20. 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.
21. 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.
22. 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.
23. All software used by the SPONSOR in the performance of services for the DEPARTMENT
under this Contract, either for sale or license to the DEPARTMENT and used by the
DEPARTMENT prior to, during, or after the calendar year 2000, includes or will include, at
no added cost to the DEPARTMENT, design and performance so as not to cause delay in
completion of the services under this Contract or cause the DEPARTMENT to experience
software abnormalities and/or the generation of incorrect results from the software due to
date-oriented processing in the operation of the business of the DEPARTMENT. Also, any
5/22/01 6 PublicSTATELOC vi
software used by the SPONSOR to carry out its normal business, e.g. accounting and payroll,
will not cause delay in completion of the services under this Contract due to date-oriented
processing in the operation of the business of the SPONSOR. Therefore, any business failure
due to software problems attributed to the calendar year 2000 is unacceptable as a cause for
delay in providing services under this contract.
To insure year 2000 compatibility, the software design will include, but is not limited to, data
structures (databases, data files, etc.) that provide 4-digit date century; stored data that
contain date century recognition, including, but not limited to, data stored in databases and
hardware device internal system dates; calculations and program logic (e.g. sort algorithms,
calendar generation, event recognition, and all processing actions that use or produce date
values) that accommodates same century and multi-century formulas and date values;
interfaces that supply data to and receive data from other systems or organizations that
prevent non-compliant dates and data from entering any State system; user interfaces (i.e.,
screens, reports, etc.) that accurately show 4-digit years; and assurance that the year 2000 will
be correctly treated as a leap year within all calculation and calendar logic.
24. In case of any discrepancies between the body of this Contract and any Exhibit(s) hereto, the
body of the Contract will govern.
25. This Contract will become binding on the parties and of full force and effect upon signing by
the duly authorized officials for the SPONSOR and for the DEPARTMENT and upon the
adoption of a resolution approving said Contract and authorizing the signatures thereto of the
respective official(s) of the SPONSOR, a certified copy of which resolution will be attached
to this Contract, and with the approval of the State Administrative Board.
IN WITNESS WHEREOF, the parties have caused this Contract to be awarded.
OAKLAND COUNTY BOARD OF COMMISSIONERS
BY:
Title:
MICHIGAN DEPARTMENT OF TRANSPORTATION
BY:
Title: Department Director
er
$0
$0
State . a1 lli
$15,000 $15,000
$15,000 $15,000
CONSTRUCTION
Airport Crack Sealing
TOTAL PROJECT BUDGET
$30,000
I $30,000
Exhibit 1
-4. 4 aldand COUntY.I.ntenlatiDnal AirINXL.
Pontiac, Michigan
M 84-00-C16
May 22, 2001
•i••nn.4,LAtelier.+4,4414.1
ATTACHMENT 17
SUPPLEMENTAL PROVISIONS FOR STATE/LOCAL CONTRACTS
INVOLVING CRACK SEALING AND PAVEMENT MARKING FOR WHICH THE
DEPARTMENT OPENS BIDS AND AWARDS THE CONTRACT
1. 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 PROJECT.
2. The DEPARTMENT is authorized to solicit bids, award, and execute the contract for
the PROJECT in accordance with the DEPARTMENTS "Administrative Rules Governing the
Prequalification of Bidders for Highway and Transportation Construction Work."
3. The SPONSOR will be billed by the DEPARTMENT following execution of this
Contract. The amount of the billing will be as shown as 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 and SPONSOR at the time
of execution of an amendment to this agreement. The SPONSOR shall make payment to the
DEPARTMENT within thirty (30) days of the billing date.
4. The DEPARTMENT is authorized by the SPONSOR and is responsible for
coordinating with the contractor to perform the PROJECT work. The DEPARTMENT or contractor
will contact the SPONSOR a minimum of 48 hours in advance of performing project work. The
DEPARTMENT and its contractor shall be authorized to enter upon the airport premises to conduct
the PROJECT work. The SPONSOR shall issue a NOTAM (Notice to Airman) regarding the
PROJECT activity at the airport. Payment of all PROJECT COST will be made by the
DEPARTMENT.
1 of 1 February 199S Aero 17
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to
discriminate against an employee or applicant for employment with respect to hire, tenure,
terms, conditions, or privileges of employment, or as a matter directly or indirectly related to
employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No, 220, Public Acts of 1976 as amended by
Act No. 478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an
employee or applicant for employment with respect to hire, tenure, terms, 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 shall be regarded as a material breach of this
contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion
of the work set forth in this contract is to be performed, shall contain a covenant the same as
hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and
employees are treated without regard to their race, color, religion, national origin, age, sex,
height, weight, marital status or a 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, upgrading, demotion or transfer, recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, national origin, age, sex, height, weight, marital status
or disability that is unrelated to the individual's ability to perform the duties of a particular job
or position.
5. The contractor or his collective bargaining representative will send to each labor union or
representative of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice advising the said labor union or workers' representative
of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and
orders of the Michigan Civil Rights Commission which may be in effect prior to the taking
of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms
as provided by the Michigan Civil Rights Commission, said forms may also elicit information
as to the practices, policies, program, and employment statistics of each subcontractor as well
as the contractor himself, and said contractor will permit access to his books, records, and
accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of
investigation to ascertain compliance with this contract and relevant with rules, regulations,
and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules,
that a contractor has not complied with the contractual obligations under this agreement, the
Civil Rights Commission may, as part of its order based upon such findings, certify said
findings to the Administrative Board of the State of Michigan, which Administrative Board
may order the cancellation of the contract found to have been violated and/or declare the
contractor ineligible for fixture contracts with the state and its political and civil subdivisions,
departments, and officers, and including the governing boards of institutions of higher
education, until the contractor complies with said order of the Civil Rights Commission.
Notice of said declaration of future ineligibility may be given to any or all of the persons with
whom the contractor is declared ineligible to contract as a contracting party in future
contracts. In any case before the Civil Rights 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 Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing
paragraphs (1) through (8) in every subcontract or purchase order unless exempted by the
rules, regulations or orders of the Michigan Civil Rights Commission, and will provide in
every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller.
March 1998
I
Appendix B
(Aeronautics)
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 ofthe 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:
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.
• I
FISCAL NOTE (MISC. #01179) July 19, 2001
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT 2001
GRANT PROGRAM ACCEPTANCE - AIRPORT CRACK SEALING
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. 2001-0598 for State funds
in the amount of $15,000 for the development and
improvement of the Oakland County International Airport.
2. The project consists of airport crack sealing.
3. A local grant match of $15,000 is required and is available
in the FY 2001 Airport Fund Budget.
4. The total grant contract is in an amount not to exceed
$30,000.
5. The Michigan Department of Transportation shall act as
agent on behalf of the County in the administration of the
project.
6. The FY 2001 Budget is amended as follows:
Revenue
13-137100-30400-0171 Grants - State $15,000
Expenditure
13-137201-30400-3524 Runway & Taxiway Repairs 15,000
$ -0-
7. This Fiscal Note is contingent upon final approval by
Corporation Counsel of the contract.
CE COMMITTEE FI1
/ 1.—c_
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Moss and
Friedman Appel absent.
1 •
Resolution #01179 July 19, 2001
Moved by Moss supported by Dingeldey the resolutions on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton,
Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Suarez, Taub, Webster,
Amos. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the
Consent Agenda were adopted, with the accompanying reports being accepted.
. .
raM•1/••••••.010111•10.****,*emaraton•n•••••n••011•11••••••11n11.11.1.*
•Arl‘ REBY r R IIF FORICoN(` rr"" OL UT V
40* 2 3 0 1 •
Date_ ..
••••••••n•1111110•1••••••••••11,
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 July 19, 2001 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto spt my hand and e affixed the seal of the
County of Oakland at Pontiac, Michigan this 19eday,Iff July, 2Q1.
G. William Caddell, County Clerk
„.00ks son. County Executive