HomeMy WebLinkAboutFond du Lac County Airport/Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT BETWEEN
CITY OF OSHKOSH (CITY) AND FOND DU LAC COUNTY AIRPORT
This INTERGOVERNMENTAL AGREEMENT is made and entered into by and between CITY OF
OSHKOSH (CITY) AND FOND DU LAC COUNTY AIRPORT (AIRPORT), as follows:
RECITALS
WHEREAS, the East Central Wisconsin Regional Planning Commission (ECWRPC) has entered into a
grant agreement with the Department of Defense Office of Economic Adjustment (DoD-OEA) in which
the DoD-OEA will provide program funds to support various initiatives in the City of Oshkosh and
surrounding region to respond to defense layoffs announced by Oshkosh Corporation, a large
employer in the region;
WHEREAS, the Grant Agreement includes a subaward to the City to undertake a Regional
Aviation/Aerospace Business Cluster Development & Planning Assistance project (Project) including:
Identification of a project advisory group to manage the project and hiring a consultant to
create an "Airport Strategic Positioning Initiative" to improve and accelerate economic
development at airports and develop strategy to create an airpark and aerospace-related
industrial park as well as develop an aviation/aerospace cluster in the region as part of the
broader Oshkosh Regional Defense Industry Diversification Initiative(ORDIDIJ. The project
includes the Wittman Regional Airport, Fond du Lac County Airport and Outagamie County
Airport, and will serve to complement ongoing efforts to address the long term diversification
of industry in the ORDIDI impact area. The Aviation Cluster Study element of the ORDIDI
project is intended to, 1J research innovative sector development initiatives and develop
solutions for the region, identify existing and future sector trends, capacity and workforce
development needs via industry engagement and design niche projects; and 2) build on
information developed under the Defense Industry Supply Chain Initiative (DISCJ, identify
supplier companies impacted by reduced production at the Oshkosh Corporation that could
benefit from these new markets and deve/op strategy to meet the aviation/aerospace market
needs identified.
WHEREAS, City has entered into an agreement with Explorer Solutions, Inc. to conduct an Aviation
Aerospace 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 follows:
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 Service for Other Airports to the Aerospace Cluster Study and 9.2
Budget Optional Services. A copy of the Agreement with Explorer Solutions, Inc. is attached
hereto and incorporated by reference. Costs of the Study will include $30,000 to be paid to
Explorer Solutions, Inc. under the terms of the DoD OEA grant, together with a 10% match
from the City of Oshkosh, to be provided 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 of invoice which shall be sent to
Airport in January 2015.
3. Airport agrees to fully cooperate with City and Explorer Solutions, Inc. to facilitate the timely
completion of the Study.
4. Equal Employment Opportunity
a) Airport will, in all solicitations or advertisements for employees placed by or on behalf of
the Airport, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
b) Airport assures that no person shall on the grounds of race, color, national origin, or sex as
provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act
of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity. Airport further assures
every effort will be made to ensure non-discrimination 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 11375, and as supplemented in the Department of Labor
regulations (41 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 will permit
access to its books, records, and accounts by the City, ECWRPC, Department of Defense-
Office of Economic Adjustment, and the Secretary of Labor for purposes of investigation to
ascertain campliance with such rules, regulations, and orders.
5. Errors and Omissions
a) Airport shall be responsible for the accuracy of the services performed under this
Agreement, and shall promptly make necessary revisions or corrections to its services
resulting from its negligent acts, its errors or its omissions without additional compensation.
Airport shall give immediate attention to these revisions or corrections to prevent or
minimize delay to the Project. Airport shall be responsible for any losses to or costs to
repair or remedy as a result of the Airport's negligent acts, errors, or omissions.
b) Airport warrants 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. Airport certifies, by entering into this Amendment to its
Agreement with the City, that it complies with and will properly execute and file with City the
Office of Economic Adjustment Certification Regarding Lobbying, attached to this
Amendment and incorporated herein by reference.
7. Certification 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 voluntarily 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 criminally or civilly charged by a government entity; and
(4) have not had one or more public transactions terminated for cause or default within the
previous three years.
b) Airport agrees that it will not knowingly enter into any transaction with a person who is
debarred, suspended, declared 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 take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure
that Disadvantaged Businesses have the maximum opportunity to compete for and perform
subcontracts. Airport shall not discriminate on the basis of race, color, 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 appropriate.
b) Airport shall identify by name, the disadvantaged business whose utilization is intended to
satisfy this provision, the items of services involved, and the 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 Airport shall not sublet or assign any part of this agreement without prior written
approval of the City unless previously authorized as part of the approved scope of services.
b) Consent to assign, sublet, or otherwise dispose of any portion of the agreement shall not
be construed to relieve the airport of any responsibility for the fulfillment of the
agreement.
c) If the Airport subcontracts a portion of the services, the subcontract shall provide for the
performance of the services to the full scope as contemplated in this agreement and to
the same standards and concept as if performed by the Airport.
d) No subcontracting and assignment of any services under this agreement shall state,
imply, intend, or be construed to limit the legal liability of the Airport or the sub-
contract.
10. If the City of Oshkosh terminates its Agreement with Explorer Solutions, Inc. under the terms
of that Agreement, the City agrees that it will give written notice to Airport of the termination.
In the Presence of: AIRPORT
����1��� By.
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(Seal of Contractor � /��/� Allen J. Buechel, County Executive
if a Corporation.) �
By: �,Q,-
Lisa Freiberg, County Clerk
CITY OF OSHKOSH
A � /n
'- l�� ' "�i� �/ By. rk A. Rohloff, City Manager
Witn ss) _ ._, ----
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%'� ` � ° -Z t� And:-�,��� � -
(Wifness) Pamela R. Ubrig, City C rk
AP OVED:
Attorne
OFFICE OF ECONOMIC ADJUSTMENT
CERTIFICATION REGARDING LOBBYING
Office of Economic Adjustment
CERTIFICATION REGARDING LOBBYING
Certification for contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer 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 Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, '�Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-grants,
and CONTRACTs under grants, loans, and cooperative agreements) and that all
subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
CITY OF OSHKOSH FOND DU LAC COUNTY AIRPORT
gy: �-�K��'�l� gy: � �
Mark R loff, City Manager Allen J. Bu chel, County Executive
City of Oshkosh Fond du Lac County
Date: 3 �3 IZd 15 Date: o���/�