HomeMy WebLinkAbout13. 15-289
JUNE 9, 2015 15-289 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH
WITTMAN REGIONAL 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 Wittman Regional
Airport in the business cluster study; and
WHEREAS, Wittman Regional 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 Wittman Regional
Airport and the City of Oshkosh to include Wittman Regional 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 Wittman Regional
Airport’s contribution of $4,000 as the City’s match for the additional grant funds.
INTERGOVERNMENTAL AGREEMENT BETWEEN
CITY OF OSHKOSH AND WITTMAN REGIONAL AIRPORT
This INTERGOVERNMENTAL AGREEMENT is made and entered into by and between CITY OF
OSHKOSH (CIN)AND WITTMAN REGIONAL AIRPORT(AIRPORT�, as follows:
RECITALS
WHEREAS,the East Central Wisconsin Regional Planning Commission (ECWRPC) has entered into a
grent 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 Corporotion, 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 projec[ and hiring a consultant to
creote an 'i7irport Strotegic Positioning Initiative' to improve ond accelerate economic
development at oirports and develop strategy to creote on airpa�k ond aerospace-related �
industrial park as well as develop on aviation/aerospare duster in the region as part of the ',
broader Oshkosh Regional Defense Industry Dive�sification Initrative(ORDIDI). The praject
includes the Wittman Regional Airpart, Austin Straubel Internatianol Airport, Fond du Loc
Coun[y Airport and Outagamie County Airport, and will serve to mmplement ongoing efforts
to address [he long term diversification of industry in the ORD/DI impoct area. The Aviatian
Cluster Study element of the ORDIDI project is intended to, iJ research innovative sector
developmen[initiatives and develap solutions for the region, identify existing ond future sec[or
trends, capaciry ond workforre development needs via indus[ry engagement and design niche
projects and 2) build on information developed under the Defense Industry Supply Chain
Initio[ive (DISCJ, identify supplier companies impocted by reduced production at the Oshkosh
Corporation that could beneJit from these new markets and develop strategy ta meet the
oviation/aerospace marke[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 6y 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:
IlPngc
_ _ �
AGREEMENT
L The City of Oshkosh wil] enter into an agreement wi[h GO-EDC to include Airport in the
Aviation Aerospace Business Cluster Study. Costs of the Study will include $4Q000 to be paid
to GO-EDC undec the terms of the DoD OEA graot,together with a ]0%match from the City
of Oshkosh, to be provided thro�gh services of the Ciry's Director of Commwity Development
in the minimum amount of$4,000 necessary for[he DoD OEA Grant Funding.
2. Airport shall pay to City $4,000 to cover the costs of the City ia providing[hese additional
services. The City will invoice Airpor[and Airport shall pay the imoice within fifteen(15)
days.
3. Airport agrees to fully cooperate with City and GO-EDC. to facilitate the timely comple[ion of
the Study.
4. Equal Employment OpportuniTy
a) Airport will, in all solicitations or advertisemeuts for employees placed by or on behalf of
thc Airport, state that al] qualified applicants will receive consideration foc employmen[
without regazd to race, color,religio�, sex, or national origin.
b) Airport assures that no person shal] on the grounds of race, color, na[iona] origin, or sex as
provided by Title VI of the Civil Rights Act of 1964, and Ihe 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 ac[ivity. Airport further assures
every effort will be made to ensure non-discriminatiou in all of its programs and activities,
whether those programs and activities are federally funded or not.
e) AiepoR will comply with all provisions of Executive Ocder 11246, "Equal Opportuniry" as
amended by Executive Order 11375, and as supplemented in the Department of Labor
regulations (41 CFR Part 60).
d) AicpoR will fumish all information a�d reports required by F,xecutive Order 11246 and by
rnles, regulations, and orders of the Secretary of Labor, or pursuant [hereto, aud will permit
access to its books, reeords, and aeeounts by the City, ECWRPC, Department of Defe�se-
Office of Economic Adjustment, and the Secxetary of Labor for purposes of mvestigation to
ascer[ain compliance with such rules, �egulations, and orders.
5. Errors and Omissions
a) Airport shall be responsible for the accuracy of the services performed u�de� this
Agreement, and shall promptly make necessary revisions or conections to its services
resulting from its neglige�t acts, its errors or its omissions without additioual wmpensation.
Airpor[ shall give immediate attention to these revisions or corrections ro prevent or
minimize delay to the Project. Airport shall be respo�sible fo� auy losses to or costs ro
repair or remedy as a resWt of the Airport's negligent acts, errors, or omissions.
b) AirpoR warrants that the services to be provided under this Agreement will be executed in a
workmanlike manner, consistent with professiona] standazds of compazable work in this
field.
2�Page
6. Certification Regazding Lobbying. Airport certifies, by entering into this Amendment to its
Agreement with the City, that it complies with and will properly execute and itle with Ci[y thc
Office of Economic Adjustment Certification Regazding Lobbying, attached to this
Amendment and incorporated he�ein by reference.
7. Certification Regazding Debarment
a) Airport certifies, by entering into this Agreement, that it and i[s principals (1) are not
debaned, suspended, proposed for debarment, declazed ineligible, or wluntazily excluded
from covered trarisactions by a�y Federal department or agency; (2) have not been
convicted of or had a civil judgment rendered agai�st them within the previous tluee yea�s;
(3) aze no[ indicted oi otherwise criminally or civilly charged by a govemment entiTy; and
(4) have not had one or moce public transactions terminated for cause or defaul[ within the
previous three years.
b) Airport agrees that it will no[ knowingly enter into any transaction with a person who is
debarred, suspended, declazed ineligible, or wluntarily excluded from participa[ion in [his
transaction unless authorized by the Ciry and EC WRPC.
8. Disadvantaged Business Utilization
a) Airport agrees to ensure that Disadvantaged Business as defined in 49 CFR Paz[26 have the
ma�cimum opportunity to participate in [he performance of any subco�tracts finances in
whole oi in par[ with federal funds provided under this agreement. In this regazd, Airport
shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensuce
that Disadvantaged Businesses have the ma�cimum opportuniTy to compete for and perform
subcontracts. Airport shall not discciminate on the basis of cace, color, national origin, oi
sex in the awazd and perfonnance of contracts. Failure to carry out the requirements of this
provision constitutes a breach of [his Agreemen[ and may result in [ermination of the
Agreement or other such remedy as [he CiTy may deem appropdate.
b) Airport shall identify by name, the disadvantaged business whose utilization is intended to
satisl'y this provision, the items of services involved, and the dollar amounts of such items
of service.
c) Airport shall maintain reco�ds a�d document its performance undei this item.
9. Subletting or Assignment of Agreement
a) The Airport shall not sublet or assign any part of this agreement without prior writte�
approval of[he City unless previously authorized as part of the approved scope of services.
b) Conse�t to assign, sublet, or otherwise dispose of any portion of the agreement shall not
be construcd to rclieve 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[he
performance of the services to [he full scope as contemplated in this agreement and to
the sazne standards and concept as if performed by the AirpoR.
d) No subcontiaeting and assignment of a�y services under this agceement shall state,
imply, iutend,or be construed to limit the legal liability of the Aieport or the sub-
contract.
3IPa� c
10. If the City of Oshkosh terminates its Agreement with GO-EDC under the tenns of that
Agreement, the City agrees that i[will give writteo notice ro Airport of the termination.
Dated this date of 7une, 2015.
In the Presence of: WITTMAN REGIONAL AIRPORT
By:
(Seal of Contractor (SpeciTy Title)
if a Corporation)
By:
(Specify Title)
CITY OF OSHKOSH
By:
Mark A. Rohloff, City Manager
(Witness)
And:
(Witness) Pamela R. Ubrig, City Clerk
APPROVED:
City Attorney
a�voe ��