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HomeMy WebLinkAboutResolutions - 2001.11.08 - 26582MISCELLANEOUS RESOLUTION #01292 November 8, 2001 BY: General Government Committee - William R. Patterson, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT 2001 GRANT PROGRAM ACCEPTANCE - ENVIRONMENTAL CLEARANCE - DESIGN TAXISTREET CONFIGURATION 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. 2002-0147, Federal Project No. B-26-0079-2801, for Federal funds in the amount of $87,300, and State funds in the amount of $4,850, for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of environmental clearance and design of taxistreet configuration; 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 $4,850, 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 $97,000. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. On behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Friedman Appel absent. "ry 41 &firer- ENV ko AIHEAPritC.L EARAtic.E" dEA,i rem_ 45 &kJ, eors/Av o11o,4 - 396 Title/Subject: File # Contact Person: _5 OULL-- Department: Telephone #: g42-ear 60-44Arr Pew TAxt..1,71e," g VE C-6 iteee rfili/CE - Al Revision # Extension FiAsFinal Other * 'Initial 1 :41 Disapproved " Approved 001-29-2001 NON 01:08 PI1 OAKLAND CNTY INT AIRPORT 248 666 3341' P, 01 d., 02_,c L.-A-m/416.-• e c 0 NTRACTIPROGRAM REVIEW ttEQUEST oc -r i36 si-gF &oak- 1241)64.- ic_$ -7717-1-72_1c F4l /IftniQ AZ___ Date: To: From: amOsmilmmlial STATUS: (Check appropriate box) * If "other" is checked, please explain: Is Board Resolution required? 7-1 ye5 - Resolution # bate: II-2-0/ •-n•••nn••n•=101i11•11016111111014110.111 PERSONNEL DEPT! Approved bi Disapproved Modify * Date: (,.//r/&!/ Signature: RISK MANAGEMENT AND SAFETY: Approved F-7 Disapproved * Modify * Date: /O/2_ /J Sign MANAGEMENT AND BUDGET: CORPORATION COUNSEL: Dis.approved Ti Modify * Date: to D6 Signature: Modify Date: /4.P'W Signature: Approved 6Q,e_ C>M076‘"e0A rnelY0r t -}3 E re cl_ut` reimeA445 CONTRACT/PROGRAM SYNOPSIS:. tip RAM' ecotJTVACr F042- MDERAL FuODS 4x.1 ni MoJTaF 1 300 OP SretrE Ft/AIDS 4)1/4) 7-146" 44141111 nE wint A LOCAL- 602.4"1-rr MA-Mkt OF .1 1 KIO le-14 f'S -PAM 114 C. F44111 TM, itese ELIALQ.. .:;.'-zw,r5 0—rembeao-ssApriu_ - PAID - Tifff eraodopRoo-ur trOcuite0tribvc.05 Eteopigni 0 1.1 . • • °Esq.,' or vio-ts-rascrs 41/4)&14 wv79-Aptimpek.-Deve460000035ixiwo32isetgiiilrash expitnation. Risk Management & Safety — Revised' 2/98' G.1Tctry's F;Its \ Wo rc$ '971Sotticit WArcrshe4kCONTRA(7.? ROGRA M REVIEW REQUEStdoc CORPORATION COUNSEL MEMO OCT-29-2001 MON 01:08 PM OAKLAND MTV INT AIRPORT 248 868 3341 , P. 02 OAKLAND COUNTY TO: Karl Randall, Manager of Aviation FROM: Joellen ShortIWIFinancial Attorney DATE: October 25, 2001 RE: Our File Number: 2001-0914 MDOT Grant for Environmental Clearance and Taxi Street Design at Oakland County International Airport Perhaps the County has already taken the necessary steps to comply with the above grant agreement regarding compliance with 49 CFR Part 26, which relates to a Disadvantaged Business Enterprise Program (DBE). This regulation requires the County to either 1) submit DBE goal information to the USDOT; or 2) request an exemption from the U.S. Department of Transportation ("USDOT") under 49 CFR Part 26.15. An additional option may be to request a modification of this requirement from MDOT. The above referenced grant contains the following provisions: 1. Sections 7, 21 and Appendix E require the County to comply with the applicable provisions of 49CFR Part 26, which contain the Federal requirements for a Disadvantage Business Enterprise Program (DBE) as well as MDOTs DBE program. (49CFR Part 26 is attached). 2. Section 7 and Appendix F state that recipients of FAA funds (the County) shall submit overall DBE goal information annually, and "as recipient of the grant, the sponsor (County) accepts this responsibility." 3. Section 21 and Appendix C: contains the following language: "The recipient's DBE program, as required by 49 CFR Part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under Part 26, PRIVILEGED AND CONFIDENTIAL ATTORNEY / CLIENT COMMUNICATION OCT-29-2001 MON 01:09 PM OAKLAND CNTY INT AIRPORT 248 668 3341 , P. 03 Memo to Karl Randall, Manager of Aviation October 25, 2001 Page 2 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Progr4am Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." Additionally, 49 CFR 26.21 states: "You (County) are not eligible to receive DOT financial assistance unless DOT has approved your DBE program and you (County) are in compliance with it and this part" The County must make the following requirements obligations of all contractors paid by grant funds: 1. Section 6 requires that contractors comply with the prompt payment language in Section 49CFR Part 26.29 compliance with the applicable portions of 49CFR Part 26. 2. Section 6 also requires compliance with 49 CFR 26.37 and the reporting of any and all DBE sub-contractor payments to MDOT on the schedule set forth in Appendix G. Please feel free to contact this office if we can be of assistance in complying with the DBE grant requirements. \10AKNWO2WOL2DEPT\CORPCNSL\TEMPFILEVInumbeA200112001-0900 thry 2001-0999 12001-0914 WIVE- Environmental Clearance&TaxistrestDesignGrantMemo.doc 2 CONTRACT NO. 2002-0147 FEDERAL PROJECT NO. B-26-0079-2801 AGENDA: DAB CONTRACT FOR A FEDERAL/STATE/LOCAL AIRPORT PROJECT UNDER THE BLOCK GRANT PROGRAM 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 the Oakland County International Airport, whose associated city is Pontiac, Michigan, such undertaking hereinafter referred to as the "PROJECT," estimated in detail in Exhibit 1, dated October 8, 2001, attached hereto and made a part hereof. PROJECT DESCRIPTION: Environmental clearance for the realignment, widening, and extension of Runway 18/36, closure of Runway 4/22, ground run-up enclosure and development of hangar area. Also design of taxistreet configuration near proposed site of ground run-up enclosure. WITNESSETH: WHEREAS, the PROJECT is eligible for federal funding pursuant to the Airport and Airway Improvement Act of 1982, as amended, and/or the Aviation Safety and Noise Abatement Act of 1979; and WHEREAS, the DEPARTMENT has received a block grant from the Federal Aviation Administration (FAA) for airport development projects; and WHEREAS, the DEPARTMENT is responsible for the allocation and management of block grant funds pursuant to the above noted act. NOW, THEREFORE, the parties agree: 1. The term "PROJECT COST," as herein used, is defined in Attachment(s) 2 and 16 attached hereto and made a part hereof. PROJECT COST will also include administrative costs 10/16/01 1 PUBLICBLOCKGRANT v6 incurred by the DEPARTMENT in connection with the PROJECT. Administrative costs incurred by the SPONSOR are not eligible PROJECT COSTS. THE SPONSOR WILL: 2. Enter into a contract with a consultant for each element of the PROJECT that requires such expertise. The consultant will be selected in conformity with FAA Advisory Circular 150/5100-14. The DEPARTMENT will select the consultant for each element of the PROJECT involving preparation of environmental documentation. The SPONSOR will select the consultant for all other aspects. All consultant contracts will be submitted to the DEPARTMENT for review and approval. Any such approvals will not be construed as a warranty of the consultant's qualifications, professional standing, ability to perform the work being subcontracted, or financial integrity. The SPONSOR will neither award a consultant contract nor authorize the consultant to proceed prior to receiving written approval of the contract from the DEPARTMENT. Any change to the consultant contract requires 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. Make payment to the DEPARTMENT for the SPONSOR'S share of the PROJECT COSTS within thirty (30) days of the billing date. The DEPARTMENT will not make payments for any PROJECT work prior to receipt of payment from the SPONSOR for the SPONSOR'S share of that item of the PROJECT work. Eligible PROJECT COSTS that are paid by the SPONSOR may be submitted for credit toward the SPONSOR'S share of the PROJECT COST provided it is submitted within one hundred eighty (180) days of the date the costs were incurred or one hundred eighty (180) days of award by both parties of this Contract, whichever is later. Documentation of payment of PROJECT COST will include copies of the invoices and copies of both sides of the canceled checks. The amount of the SPONSOR billing will be reduced by the amount of the eligible credit, based on documentation submitted, provided it is submitted prior to the date of the billing. Should it be determined that the SPONSOR has been given credit for payment of ineligible items of work, the SPONSOR will be billed an amount to insure that the SPONSOR share of PROJECT COSTS is covered. The SPONSOR pledges sufficient funds to meet its obligations. 4. 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. 10/16/01 2 PUBLICBLOCKGRANT v6 b. Audit and Inspection. The SPONSOR will comply with the Single Audit Act of 1984, as amended, including, but not limited to, the Single Audit Amendments of 1996 (31 U.S.C. 7501-7507) the OMB Circular A-133, as revised or amended, and the provisions of 1951 PA 51; MCL 247.660h; MSA 9.1097(10i), as applicable, that is in effect at the time of contract award with regard to audits. c. The SPONSOR will maintain the RECORDS for at least six (6) years from the date of final payment made by the DEPARTMENT under this Contract. In the event of a dispute with regard to 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. 5. Provide and will require its subcontractors to provide access by the DEPARTMENT or its representatives to all technical data, accounting records, 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 six (6) years from the date of final payment. 6. The SPONSOR agrees to require all prime contractors 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 PRIME CONTRACTOR receives from the DEPARTMENT or SPONSOR. The PRIME CONTRACTOR also is required 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 DEPARTMENT. These requirements are also applicable to all sub-tier subcontractors and will be made a part of all subcontract agreements. This prompt payment language 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 DBE and non-DBE subcontractors. 10/16/01 3 PUBLICBLOCKGRANT v6 The SPONSOR further agrees to require all prime contractors to comply with 49 CFR, Part 26.37, and will report any and all DBE subcontractor payments to the DEPARTMENT with each billing and within twenty (20 ) days of the receipt of final payment for services performed under this Agreement in the format set forth in Appendix G, dated June 1, 2001, attached hereto and made a part hereof, or any other format acceptable to the DEPARTMENT. 7. In the performance of the PROJECT herein enumerated, by itself, by a subcontractor, or by anyone acting on its behalf, agree that it will comply with any and all state, federal, and local applicable 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. In addition, the SPONSOR agrees to comply with the assurances contained in Appendix E (PP-A-1) and the Special Conditions set forth in Appendix F, attached hereto and made a part hereof. THE DEPARTMENT WILL: 8. Bill the SPONSOR for the SPONSOR'S share of estimated PROJECT COST. The DEPARTMENT will bill the SPONSOR for the SPONSOR'S share of additional estimated PROJECT COSTS for changes approved in accordance with Section 14 at the time of award of the amendment for approved work. 9. Upon receipt of payment request approved by the SPONSOR, make payment for eligible PROJECT COSTS. The DEPARTMENT will seek reimbursement from the FAA through the block grant issued to the DEPARTMENT for funds expended on eligible PROJECT COSTS. The DEPARTMENT will not make payments for any PROJECT work prior to receipt of payment from the SPONSOR for the SPONSOR'S share of that item of PROJECT work. 10. Make final accounting to the SPONSOR upon completion of the PROJECT, payment of all PROJECT COSTS, and completion of necessary audits. Any excesses or deficiencies will be returned or billed to the SPONSOR. 10/16/01 4 PUBLICBLOCKGRANT v6 IT IS FURTHER AGREED: 11. 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, FAA, and SPONSOR shares of the PROJECT COST will be determined at the time of financial closure of the FAA grant. Federal share $87,300 Maximum DEPARTMENT share 4,850 SPONSOR share 4.850 Estimated PROJECT COST $97,000 12. The PROJECT COST will be met in part with federal funds granted to the DEPARTMENT by the FAA through the block grant program and in part with DEPARTMENT funds. Upon final settlement of cost, the federal funds will be applied to the federally funded parts of this contract at a rate not to exceed ninety percent (90%) up to and not to exceed the maximum federal obligations shown in Section 11 or as revised in the Budget Letter discussed in Section 14. Those parts beyond the federal funding maximum are eligible for state funds at 90% up to and not to exceed the maximum Department obligation. Portions of the project where only DEPARTMENT and SPONSOR funds will be applied to the final settlement with DEPARTMENT funds at a not to exceed rate of ninety percent (90%). The total DEPARTMENT funds applied toward the PROJECT COST can be up to but not exceed the maximum DEPARTMENT obligations shown in Section 11 or as revised in the Budget Letter discussed in Section 14. Any items of PROJECT COST not funded by the FAA or DEPARTMENT funds will be the sole responsibility of the SPONSOR. 13. The SPONSOR agrees that 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 is 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. 14. The PROJECT COST shown in Section 11 is the maximum obligation of DEPARTMENT and federal funds under this Contract. The maximum obligation of DEPARTMENT and federal funds may be adjusted to an amount less than the maximums shown in Section 11 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 Airport Development Division of the Bureau of Aeronautics. A Budget Letter will also be used to add or delete work items from the PROJECT description, provided the costs do not exceed the maximum obligations of Section 11. If the 10/16/01 5 PUBLICBLOCKGRANT v6 total amount of PROJECT COSTS exceeds the maximum obligations shown in Section 11, the PROJECT scope will have to be reduced or a written amendment to this Contract to provide additional funds will have to be awarded by both parties before the work is started. 15. 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 portions thereof, the DEPARTMENT, prior to advertising or authorizing work performance, may cancel the PROJECT or any portion thereof by giving written notice to the SPONSOR. In the event this occurs, this Contract will be void and of no effect with respect to the canceled portion of the PROJECT. Any SPONSOR deposits on the canceled portion less PROJECT COST incurred on the canceled portions will be refunded following receipt of a letter from the SPONSOR requesting excess funds be returned or at the time of financial closure, whichever comes first. The DEPARTMENT will not participate in PROJECT COST incurred on canceled portions of the PROJECT, and Sections 11 and 12 will not be construed to require the DEPARTMENT'S participation in the canceled portion(s). Reimbursement of any costs pursuant to this Section will not constitute an final determination by the DEPARTMENT of the allowability of such costs and will not constitute a waiver by the DEPARTMENT of any violation of the terms and conditions of this Contract committed by the SPONSOR. 16. 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. a. Agencies expending a total of Three Hundred Thousand Dollars ($300,000.00) or more in federal funds from one or more funding sources in its fiscal year will comply with the requirements of the federal Office of Management and Budget (OMB) Circular A-l33, as revised or amended. The SPONSOR will submit two (2) copies of: - The Reporting Package — - The Data Collection Package - The management letter to the SPONSOR, if one issued by the audit firm The OMB Circular A-133 audit must be submitted to the address below in accordance with the time frame established in the circular, as revised or amended. 10/16/01 PUBLICBLOCKGRANT v6 b. Agencies expending less than Three Hundred Thousand Dollars ($300,000.00) in federal funds must submit a letter to the DEPARTMENT advising that a circular audit was not required. The letter will indicate the applicable fiscal year, the amount of federal funds spent, the name(s) of the DEPARTMENT federal programs, and the CFDA grant number(s). This information must also be submitted to the address below. c. Address: Michigan Department of Transportation Bureau of Aeronautics 2700 East Airport Service Drive Capital City Airport Lansing, MI 48906-2060 d. Agencies must also comply with applicable State laws and regulations relative to audit requirements. e. Agencies will not charge audit costs to the DEPARTMENT'S federal programs that are not in accordance with the aforementioned OMB Circular A-133 requirements. f. All agencies are subject to the federally-required monitoring activities, which may include limited scope reviews and other on-site monitoring. The federal award associated with this agreement is CFDA Airport Improvement Program number 20.106, Federal Project Number B-26-0079-2801, award year 2001, Federal Aviation Administration, Department of Transportation. 17. 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 RESPONSEwithin 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 g. 10/16/01 7 PUBLICBLOCKGRANT v6 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. 18. This Contract will be in effect for a period of 36 months from the date of award. 19. Failure on the part of the SPONSOR to comply with any of the conditions in this Contract may be considered cause for placing the SPONSOR in a state of noncompliance, thereby making the SPONSOR ineligible for future federal and/or state funds until such time as the noncompliance issues are resolved. In addition, this failure may constitute grounds for cancellation of the PROJECT and/or repayment of all grant amounts on a pro rata basis, if the PROJECT has begun. In this Section, pro rata means proration of the cost of the PROJECT over twenty (20) years, if the PROJECT has not yet begun. 20. Any approvals, reviews, and inspections of any nature provided 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 provided 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. 10/16/01 8 PUBLICBLOCKGRANT v6 21. 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, 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 will require similar covenants on the part of any contractor or subcontractor employed in the performance of this Contract. The SPONSOR will carry out the applicable requirements of the DEPARTMENT'S Disadvantaged Business Enterprise (DBE) program and 49 CFR Part 26, including, but not limited to, those requirements set forth in Appendix C, attached hereto and made a part hereof. 22. In accordance with 1980 PA 278; MCL 423.321 et sea; MSA 17.458(22), et sea, 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 FAA court of appeals on not less than three (3) occasions involving different violations during the preceding seven (7) years for failure to correct an unfair labor practice, as prohibited by Section 8 of Chapter 372 of the National Labor Relations Act, 29 U.S.C. 158. The 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. 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 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 10/16/01 9 PUBLICBLOCKGRANT v6 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 noncompliant 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 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 any dispute and/or litigation will be the financial responsibility of the SPONSOR. 25. 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 this Contract without its specific consent and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof 26. 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. 10/16/01 10 PUBLICBLOCKGRANT v6 27. In case of any discrepancies between the body of this Contract and any Exhibit hereto, the body of the contract will govern. 28. This Contract will become binding on the parties and of full force and effect upon signing by the duly authorized officials for the parties and upon adoption of a resolution approving said contract and authorizing the signature(s) thereto of the respective official(s) of the SPONSOR, a certified copy of which resolution will be attached to this Contract. 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 10/16/01 Ti PUBLICBLOCKGRANT v6 ADMINISTRATION DEPARTMENT-AERO CONTINGENCIES $0 $0 $0 $0 EXHIBIT 1 OAKLAND COUNTY INTERNATIONAL AIRPORT PONTIAC, MICHIGAN Project No. B-26-0079-2801 Contract No. FM 63-01-088 & FM 63-01-ENV 08-Oct-2001 Federal State Local Total $1,440 $80 $80 $1,600 $1,440 $80 $80 $1,600 ENGINEERING $56,160 $3,120 $3,120 $62,400 Txst. Reconfig. for Run Up Facility: AERO - Design $2,250 $125 $125 $2,500 CONSULTANT- Design $53,910 $2,995 $2,995 $59,900 ENVIRONMENTAL $29,700 $1,650 $1,650 $33,000 Env. Clear. for 18/36 Realign, Run up facility, Hangar area: AERO - Environ. Clearance $2,250 $125 $125 $2,500 CONSULTANT - Env. Clear. $27,450 $1,525 $1,525 $30,500 $87,300 $4,850 TOTAL PROJECT BUDGET $4,850 $97,000 n ($4,850) 4,850 FISCAL NOTE ( MISC. #01292) BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, IN RE: DEPARTMENT OF CENTRAL SERVICES - AIRPORT 2001 GRANT PROGRAM ACCEPTANCE - DESIGN TAXISTREET CONFIGURATION 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. 2002-0147, Federal Project No. B-26-0079-2801 for Federal funds in the amount of $87,300 and State funds in the amount of $4,850 for the development and improvement of the Oakland County International Airport. 2. The project consists of environmental clearance and design of taxistreet configuration. 3. A local grant match of $4,850, (5%) is required and is available in the Airport Fund. 4. The total grant contract is in an amount not to exceed $97,000. agent on behalf of the County in the administration project. 6. An amendment to the FY 2002 Budget is recommended as follows: Revenue 13-137201-00050-3196 Est. Profit/(Loss) Expenditure 13-137201-30000-1120 Land & Improvements $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. November 8, 2001 CHAIRPERSON OAKLAND COUNTY INTERNATIONAL ENVIRONMENTAL CLEARANCE - The Michigan Department of Transportation shall act 5.The Michigan Department of Transportation shall act as of the Clerk l. am el , County Miscellaneous Resolution #01292 November 8, 2001 Moved by Coleman supported by Buckley the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). ...looks Pa FOREGOING RESOL rson. County Executive Date 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 November 8, 2001 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 November, 2001.