HomeMy WebLinkAbout12. 15-288
JUNE 9, 2015 15-288 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH AUSTIN
STRAUBEL INTERNATIONAL AIRPORT TO UNDERTAKE A
REGIONAL AVIATION/ AEROSPACE BUSINESS CLUSTER
DEVELOPMENT; ACCEPT CONTRIBUTION
INITIATED BY: COMMUNITY DEVELOPMENT
WHEREAS, the City previously entered into an agreement with East Central
Wisconsin Regional Planning Commission (ECWRPC) for grant funds under a
Department of Defense Office of Economic Adjustment (DOD-OEA) to undertake a
regional aviation/ aerospace business cluster development and planning assistance
project; and
WHEREAS, DOD-OEA has offered additional grant funds to ECWRPC and
ECWRPC is offering additional grant funds to the City to include Austin Straubel
International Airport in the business cluster study; and
WHEREAS, Austin Straubel International Airport would provide the matching
funds to the City for the DOD-OEA grant.
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached inter-governmental agreement between Austin Straubel
International Airport and the City of Oshkosh to include Austin Straubel International
Airport in the Aviation Business Cluster Study is hereby approved and the proper City
officials are hereby authorized to execute and deliver the agreement in substantially the
same form as attached hereto, any changes in the execution copy being deemed
approved by their respective signatures, and said City officials are authorized and
directed to take those steps necessary to implement the terms and conditions of the
Agreement.
BE IT FURTHER RESOLVED, that the City hereby accepts Austin Straubel
International Airport’s contribution of $3,500 as the City’s match for the additional grant
funds.
INTERGOVERNMENTALAGREEMENTBETWEEN
CITY OF OSHKOSH AND AUSTIN STRAUBEL INTERNATIONAL AIRPORT
This INTERGOVERNMENTAL AGREEMENT is made and entered into by and between CITY OF
OSHKOSH (CIN)AND AUSTIN STRAUBEL INTERNATIONAL AIRPORT(AIRPORT�, as follows:
RECITALS
WHEREAS,the East Central Wisconsin Regional Planning Commission (ECWRPC) has entered into a
grant agreement, as amended, 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; and
WHEREAS,the Grant Agreement includes a subaward to the City to undertake a Regional
Aviation/Aerospace Business Cluster Development& Planning Assistance project (Project) including:
Identificatian of a project advisory group to manage the project and hiring o consultant to
creote an "Airport Strategic Positioning Initiative" to improve and occelerate economic
development at airports ond develop strategy to creote an oirpork ond aerospace-reloted
industrial park as well as develop on aviotion/oe�ospace duster in the region as part of the
broader Oshkosh Regional Defense Industry Diversification Initiative(ORDIDIJ. The p�oject
indudes the Wittman Regional Airport, Austin Stroubel Internationol Airport, Fond du Lac
County Airport and Outogamie County Airport, and will serve to mmplement ongoing efforts
to oddress the long term diversificatian of industry in the ORDIDI impact area. The Aviotion
Cluster Study element of the ORDIDI project is in[ended to, 1J research innova[ive sector
development initiotives and develop solutions for the region, iden[ify existing and future sector
trends, capacity and workforce development needs via industry engagement and design niche
projects; and 2J build on information developed under [he Defense Indus[ry Suppty Chain
Initiative (D/SC), identify supplier mmpanies impacted by reduced productian at the Oshkosh
Corporation [hat could benefit from these new markets and develop strategy [o mee[ tbe
aviation/aerospace market needs identified.
WHEREAS, City has entered into an agreement with Explorer Solutions, Inc. to conduct an Aviation
Aerospace Business Cluster Study, which agreement has been terminated by the City and a new
agreement entered into with Greater Oshkosh Economic Development Corporation (GO-EDC)to
complete the 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:
IlPagc
AGREEMENT
l. The City of Oshkosh will enter into an agreement with GO-EDC to incl�de Airport in the
Aviation Aerospace Business Cluster Study. Costs of the Study will include $35,000 to be paid
to GO-EDC unde�the terms of the DoD OEA grant, together with a 10% match from the Ciry
of Oshkosh, to be piovided through services of the City's Direcroc of Community Development
in the minimum amount of$3,500 necessary for the DoD OEA Grant Funding.
� 2. AiipoR shall pay to City $3,500 to covec the costs of the Ciry in providing these additional
services. The City will invoice Airport and Airport shall pay the invoice wi[hin fifteen (15)
days.
3. Aicport agrees to fully cooperate with City and GO-EDC to facilitate the[imely completion of
the Study.
4. Equal Employment Opportunity
a) Airport will, in all solicitations or advertisements foc employees placed by oc on behalf of
the Airport, state that all qualificd applicants will receive consideration for employment
without regard[o race, color, religioq sex, o�national origin.
b) Airpori assures that no person shall on the grounds of race, color, national origin, or sex as
provided by TiUe V[ of the Civil Rights Act of 1964, a�d the Civil Rights Restoration Act
of 1987 (P.L. 100259) be excluded from par[icipation in, be denied the be¢efits 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 Ihose programs a�d ac[ivities aze federally funded or�ot.
c) Airport will comply with all provisions of Executive Ordec ll 246, "Equal Opportuniry" as
amended by Executive Oidei 11375, and as sapplemented in the Depar[ment of Labor
regulations (41 CFR Part 60).
d) Airpon will f'umish 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, reco�ds, and accounts by the City, ECWRPC, Department of Defense-
Office of Economic Adjustme¢t, and the Secretazy of Labox for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
5. Errors and Omissions
a) Airport shall be responsible for the accuracy of the services performed under this
Agieement, and shall promp[ly make necessary ievisions oi conectioos ro its services
resulting from its negligent aets, its enors or its omissions without additional compensation.
Ai�port shall give immediate attention to these ievisions or corrections to prevent or
minimize delay to the Project Ai�poR shall be responsible for any losses [o or costs to
repair or remedy as a result of the Airport's negligent acts, errors, or omissions.
b) Airport warrauts that the services to be provided under this Agreemen[wil] be executed in a
workmanlike manner, consistent with professional standards of compazable work in this
field.
6. Certification Regarding Lobbying. Airpor[ certifies, by entering into this Amendment to its
Agreement with the Ciry, that it complies with and will properly execute a�d file with Ciry the
Office of Economic Adjustment Certification Regazding Lobbying, attached to this
Amendment and incorporated herein by reference.
7. Certificatio�Regardi¢g Debazment
a) Airport certifies, by entering into this Agreement, that it and its principals (1) are not
debarred, suspended, proposed for debazment, declazed ineligible, o� voluntarily excluded
from covered tra�sactions by aoy Federal depaRment or agency; (2) have not been
convicted of or had a civil judgment rendered against [hem within the previous three years;
(3) aze no[ indic[ed oi otherwise eriminally or civilly chazged by a government entity; and
(4) have not had one or mo�e public tcansactions termina[ed for cause or default within the
previous three yeazs.
b) Airport agrees that it will not knowingly enter into any hansaction with a person who is
debarred, suspended, declazed ineligible, or voluntarily excluded from participation in this
transaction unless authorized by the Ciry and ECWRPC.
8. Disadvautaged Business Utilization
a) Aicport agrees to ensure that Disadvantaged Business as deHned in 49 CFR Part 26 have the
maYimum opporiunity to par[icipate in the pecformance of any subeo�tracts fina�ces in
whole or i� part with federal funds provided under this agreeme�t. In this regard, Airport
shall take all necessary and reasooable steps in accordance with 49 CFR Part 26 to ensure
that Disadvaritaged Businesses have the ma�imum opportuniry to compete for and perfonn
subcon[racts. Airport shall no[ diseriminate on the basis of�ace, color, national origin, or
sex in the awazd and perfoRnance of contracts. Failure to carry out the requirements of this
provision eonstitutes a breach of this Agreement and may cesult in [ermination of the
Agieement oi other such iemedy as the City may deem appcopriate.
b) Airport shall identify by name, the disadvantaged business whose utilization is intended to
satisfy this provisioq the items of services involved, and the dollar amounts of such items
of service.
c) Airport shall maiutain�ecords and document its peiformance under this item.
9. Subletting or Assignment of Agreement
a) The Airport shall not sublet or assign any part of this agieement wi[hout pdor writteo
approva]of the City unless previously authorized as par[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[he Ai�port subcontracts a portion of the services,the subcon�act shall provide for the
performance of the services to the full scope as eontemplated in this agreement and to
the same standazds and concept as if performed by the Airport.
d) No subco❑tracti❑g and assignment of any secvices under this agreement shall state,
imply, in[end, or be eonstrued to limit the legal liability of the Aicport or the sub-
contract.
10. If the Ciry of Oshkosh terminates its Agreement with GO-EDC under[he[erms of tha[
Agreement, the City agrees that it will give written notice to Airport of the termioation.
Dated this date of June,2015.
In the Presence of: AUSTIN STRAUBEL INTERNATIONAL AIRPORT
By:
(Seal of Contractor (Specify Title)
if a Corporation)
By:
(Specify Title)
CITY OF OSHKOSH
By:
Mark A. Rohloff, City Manager
(Witness)
And:
Pamela R. Ubrig, City Clerk
APPROVED:
City Attorney