HomeMy WebLinkAboutOutagamie County Airport/Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT BETWEEN
CITY OF OSHKOSH (CITY)AND OUTAGAMIE COUNTY AIRPORT
This INTERGOVERNMENTAL AGREEMENT is made and entered into by and between CITY OF
OSHKOSH (CITY)AND OUTAGAMIE COUNTY AIRPORT(AfRPORT), as follows:
REClTALS
WHEREAS,the East Central Wisconsin Regional Planning Commission {ECWRPC} has entered into
a grant agreement with the Department of Defense Of�ce af Economic Adjustment{DoD-OEA) in
which the DoD-�EA will provide program funds to support var�ous initiatives in the City of Oshkosh
and suROUnding region to respond to defense layoffs announced by Oshkosh Corporation, a large
employer in the region;
WHEREAS, the Grant Agreemen# includes a subaward to the City to undertake a Regional
AviationlAerospace Business Cluster Deve(opment& Planning Assistance project(Project) including:
Ident�catron of a project advisory group to manage the projecf and hiring a consultant fo
create an "Airport Strategic Positioning lnifiative" to improve and accelerate economic
development at airports and develap strategy to creafe an airpark and aerospace-related
industria! park as well as develop an aviatian/aerospace cluster in the region as part of the
6roader Oshkosh Regional Defense lndustry Diversifrcation Initiative(ORD1D!). 7'he project
incJudes the �ttman Regrona/ Airpart, OUTAGAMIE County Airpart and FOND DU L4C
Cvunty Airport, and wr!! serve to complement ongoing efforts fo address the long ferm
diversifrcation of industry in the ORDlD1 impacf area, The Aviatian Cluster Study element of
the ORD1D! project is intended to, 1) research innovafive sector development initiatives and
develop solutions for the region, identify existing and future sector trends, capacify and
workfor+ce deveJopment needs via industry engagement and desigrr niche projecfs; and 2)
build on information developed under the Defense lndustry Supply Chain lnitiatfve (DISC),
identify supplier companies impacted by reduced production at the Oshkosh Corporation that
could bene�t fram these new markets and develop strategy fo meet the aviation/aerospace
market needs identr�ed.
WHEREAS, City has entered into an agreement with Explorer Solutions, Inc. to conduc#an Avia#ion
Aeraspace Business Cluster Study; and
WHEREAS, AIRPORT desires to participate in the Aviation Aerospace Business Cluster Study.
NOW,THEREFORE, in consideration of the foregoing, and subject to any conditions contained
herein, City and Airport agree as fo8ows:
AGREEMENT
1. The City of Oshkosh will enter into an amendment to its Agreement with Explorer Solutions,
Inc. to include Airport in the Aviation Aerospace Business Cluster Study as provided in
attachment 5.3 Optional Senrice for f3ther Airpa�ts to the Aerospace Clus#er Study and 9.2
Budget Optional Services. A capy of the Agreement with Explorer Solutions, Inc. is attached
hereto and incorparated by reference. Gosts of the Study will include $30,Qd0 to be paid to
Explorer Solutions, Inc. under the terms of the DoD{�EA grant, together with a 10%match
from the City of Oshkosh, to be pravided through services of the City's Director of Community
Development in the minimum amount of$3000, necessary for the DoD OEA Grant Funding.
2. Airport shall pay to City $3000 to cover the costs of the City in providing these additional
services. This amount shall be paid within fifteen (15) days af invaice which shall be sent to
Airport in January 2015.
3. Airport agrees to fully coaperate with City and Explorer Solutions, Inc. to facilitate the timely
completion of the Study.
4. Equal Employment Oppartunity
a) Airport will, in al! solicitations or advertisements for employees placed by or on behalf of
the Dutagamie County Airport, state that all quafi�ed applicants will receive consideration
for employment without ►egard to race, color, religion, sex, ar national origin.
b) Airport assures that no person shap on the grounds of race, color, nationaE origin, or sex as
pravided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of
1987 (P.L. 100.259) be excluded firom participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity. Airport further assures
every effort wil! be made to ensure non-disc�imination in all of its programs and activities,
whether those programs and activities are federally funded or not.
c) Airport will comply with all provisions of Executive Order 11246, "Equal Opportunity" as
amended by Executive Order �1375, and as supplemented in the Departrnent of Labor
regulations (A1 CFR Part 60).
d) Airport will furnish all information and reports required by Executive Order 11246 and by
rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and wi(I permit
access to its books, reco�ds, and accounts by the City, ECWRPC, Department af Defense-
O�ce of Economic Adjustment, and the Secretary of Labor#or purposes of investigation to
ascer#ain compliance with such rules, regulations, and orders.
5. Erro�s and Omissions
a) Airport shall be respo�sible fo� the accuracy of the services performed under this
Agreement, and shall promptly make necessary revisions or corrections to its services
resulting from its neg[igent acts, its errors or its omissions without additional compensation.
Airport shall give immediate attention to these revisions or correetions to prevent or
minimize delay to the Project. Airport shalE be responsible for any losses fo or costs to
repair or remedy as a result of the Airport's negligent acts, errors, ar omissions.
b} Airport wa�rants that the services to be provided under this Agreement will be executed in
a workmanlike manner, consistent with professional standards of comparable work in this
field.
6. Certification Regarding Lobbying. Airpo�# certifies, by entering into this Amendment to its
Agreement with the City, that it complies with and will prape�ly execute and file with City the
Office af Economic Adjustment Cert�cation Regarding Lobbying, attached to this Amendment
and incorporated herein by reference.
7. Cert�cation Regarding Debarment
a) Airport certifies, by entering into this Agreement, that it and its principals (1) are not
debarred, suspended, proposed for debarment, declared ineligible, or volun#ar�ly excluded
from covered transactions by any Federal department or agency; (2} have not been
convicted of or had a civil judgment rendered against them within the previous three years;
{3) are not indicted or otherwise criminaily �r civilly charged by a gavernment entity; and
(4) have not had one or rnore public transactions terminated for cause or defauit within the
previous three years.
b) Airport agrees that it will not knowingly enter into any transaction with a person who is
debarred, suspended, decla�ed ineligible, or voluntarily excluded from participation in this
transaction unless authorized by the City and ECWRPC.
8. Disadvantaged Business Utilization
a) Airport agrees to ensure that Disadvantaged Business as defined in 49 CFR Part 26 have
the maximum opportunity to participate in the performance of any subcontracts finances in
whole or in part with federal funds provided under this agreement. In this regard, Airport
shall #ake all necessary and r�asonabls steps in accordance with 49 CFR Part 26 to
ensure that Disadvantaged Businesses have the maximum opportunity to compete for and
pe�form subcont�acts. Airport shall not discriminate on the basis of race, colo�, national
origin, or sex in the award and performance of contracts. Failure to carry out the
requirements of this provision constitutes a breach of this Agreement and may result in
termination of the Agreement or other such remedy as the City may deem appropria#e.
b} Airport shall identify by name, the disadvantaged business whose utilization is intended to
sa#isfy this provision, the items of services involved, and fhe dollar amounts of such items
of service.
c) Airport shall maintain records and document its performance under this item.
9. Subletting or Assignment of Agreement
a) The airpart shall not sublet or assign any part of this agreement withouf prior written
approval of the City unless previously autharized as part of the approved scope af
services.
b} Consent to assign, sublet, or otherwise dispose of any portion of the agreement shall not
be const�ued to relieve the airport of any responsibility for the fulfillment of the
agreement.
c}If the airport subcont�acts a portion of the services, the subcontract shall provide for the
perforrriance of the services to the full scops as contemplated in this agreement and to
the same standards and concept as if performed by the airport.
a. No subcontracting and assignment af any senrices under this agreement shall state,
imply, intend, or be construsd to limit the legal liability of the airpart or the sub-
contract.
c) If the City of Oshkosh terminates its Agreement with Explorer Solutions, Inc. under the
terms of that Agreement, the Gity agrees that it will give written notice to Airport of the
termination.
[signature page to followJ
In the Presence of: AIRPORT
OUTAGAMIE COUNTY AIRPORT
By: �� ��...
�?����r�- O;re��{
(Sea� of Contractor (Specify Titfe)
if a Corporation.)
By:
(Specify Title)
CITY�F OSHKOSH
' d � By: �---,�
'' ? � Mark A- o loff, City Manager
' itne } _ _ I
" `� Z�v` And: � ��`� .���,�� �
itness) Pamela R. Ubrig, City Cler
APP OVED:
omey
APPR S T FQRM:
Jose P. 'dote,dr.
Corporation Counsel
Outagamie Couniy
Date Approved:-�� r�(��"�
OFFICE OF ECONnMIC ADJUSTMENT
CERTIFICATION REGARDING L�BBYING
O�ce of Economic Adjustment
CERTIFICATION REGARDING LOBBYING
Cer#ification for contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the bes#of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behaff of the
undersigned, to any person for influencing or attempting to influsnce an officer or
employee of an agency, a Member of Congress, an afficer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federa! iaan, the entering
into of any coaperative agreement, and the extension, continuation, renewal,
amendment, or madification of any Federal cantract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid ta
any person for influencing or attempting to influence an officer or employee af any
agency, a Member of Congress, an officer or employee of Congress, ar an employee of
a Member of Congress in cannection with this Federal cantract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructians.
(3) The undersigned shall require that the Ianguage of this ce�tification be included in
the award docurnents for all subawards at all tiers (including subcontracts, subgrants,
and CONTRACTs under grants, loans, and cooperative agreements} a�d that all
subcontractors shall certify and discfose accordingly.
This certification is a material representation of fiact upon which reliance was placed
when this transaction was made or entered inta. Submission of this certifica#ion is a
prerequisite for making ar entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shail be subject to a
civil penalty of not less than $10,000 and not more than $'t00,000 for each such failure.
CITY OF �SHKOSH OUTAGAMIE Ct�UNTY AIRPORT
By: /l�a-- By: � .� L,.�..
Mark R toff, City Manager q�� ���,.
City of Oshkosh R,��,a�rf �;r���r
Date: � Date: ���� �� �