HomeMy WebLinkAboutBrown County/Austin Straubel International AirportINTERGOVERNMENTAL AGREEMENT BETWEEN
CITY OF OSHKOSH AND BROWN COUNN / AUSTIN STRAUBEL INTERNATIONAL AIRPORT
This INTERGOVERNMENTAL AGREEMENT is made and entered into by and between CITY OF
OSHKOSH (CITY) AND BROWN COUNTY/AUSTIN STRAUBEL INTERNATIONAL AIRPORT (AIRPORT), as
fol lows:
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:
Identification of a project advisory group to manage the project and hiring a consultant to
create an ':4irport Strategic Positioning Initiative" to improve and accelerate economic
development at airports and develap 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, Austin Straubel International 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, I) research innovative sectar
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 2J build on information developed under the Defense Industry Supply Chain
Initiative (DISCJ, identify supplie� companies impacted by reduced p�oduction at the Oshkosh
Corporation that could benefit from these new markets ond develop 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, 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:
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AGREEMENT
1. The City of Oshkosh will enter into an agreement with GO-EDC to include Airport in the
Aviation Aerospace Business Cluster Study. Costs of the Study will include $35,000 to be paid
to GO-EDC 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 $3,500 necessary for the DoD OEA Grant Funding.
2. Airport shall pay to City $3,500 to cover the costs of the City in providing these additional
services. The City will invoice Airport and Airport shall pay the invoice within thirty (30)
days.
3. Airpor[ agrees to fully cooperate with City and GO-EDC 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 ac[ivity. 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 ll246, "Equal Opportunit}�' 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 [o
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
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 [o
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.
2lPage
6. Certification Regarding Lobbying. Airport certifies, by entering into this 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 Agreement 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 othenvise criminally or civilly charged by a govemment 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 deSned 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 fixlfillment 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 liabiliry of the Airport or the sub-
contract.
3 Page
10. [f the City of Oshkosh terminates its Agreement with GO-EDC under the terms of that
Agreement, the City agrees that it will give written notice to Airport of the termination.
Dated this ��• date of June, 2015.
In the Presence of:
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AUSTIN STRAUBEL INTERNATIONAL AIRPORT
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CITY OF OSHKOSH
By: /7Q'—i,l�i�o'�i�v
Mar A. Rohloff, City Mana�er
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And: � _ ���� �
Pamela R. Ubrig, City Cle
I hereby certify that the necessary provisions
have been made to pay the liability which will
accNe under this contract.
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Ciry Comptroller
aiPas�
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 subawards at all tiers (including subcontracts, subgrants, 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.
For CITY
By: /�
Mark Rohloff, City Manager
City of Oshkosh
Date:
For Austin Straubel Airport
B /►'UM/`— �fb 'T3 �
Tom Miller, Austin Stra bel
Date: l.l �' � I f
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