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HomeMy WebLinkAboutResolutions - 2013.01.23 - 20674MISCELLANEOUS RESOLUTION #13013 January 23, 2013 BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF MEMORANDUM OF AGREEMENT (MCA) WITH THE U.S. DEPARTMENT OF COMMERCE (USDOC) FOR USE OF SPACE LOCATED IN THE ANNEX I BUILDING TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Department of Economic Development and Community Affairs (Oakland DEDCA) is responsible for ensuring the economic growth and development of Oakland County and has developed an aggressive business assistance function to support and promote small businesses and exporters located throughout Oakland County; and WHEREAS the Pontiac U.S. Export Assistance Center (USEAC) promotes exports of U.S. goods and services through the U.S. and Foreign Commercial Service (US&FCS) worldwide network of offices, and works to protect U.S. business interests abroad; and WHEREAS BusinessUSA (BUSA)supports innovation and entrepreneurship in the U.S. business community to enhance U.S. economic resiliency, assist U.S. job creation, and help American firms transform themselves into globally competitive enterprises; and WHEREAS the Oakland DEDCA has, and desires to continue to, work closely with the US&FCS and BUSA offices on campus to foster economic development across Oakland County; and WHEREAS the U.S. Department of Commerce (USDOC) has drafted the Memorandum of Agreement (MOA) attached and Oakland County Corporation Counsel and the Department of Facilities Management has reviewed the MOA; and WHEREAS the parties will review this agreement at least once every two (2) years to determine whether it should be revised, renewed, or canceled; and WHEREAS the MOA will become effective when signed by all parties, will terminate at the end of two (2) years, and may be amended at any time by written agreement of the parties; and WHEREAS US&FCS and BUSA will provide its own furniture, computers, fax machines, office equipment, etc., and reimburse the County, at its standard rate, for phone service; and WHEREAS the County would provide janitorial service, general building maintenance, security, grounds work, a reasonable number of parking spaces, and utilities except for network / IT services; and WHEREAS the MOA provides for the use of approximately 3,707 gross square feet of office space within the Annex I building from January, 2013 through January, 2014 at a rate of $- 0- per square foot; and WHEREAS in exchange for the County providing the building space at a rate of $-0- per square foot, the US&FCS and BUSA agree to: • work with Oakland DEDCA and Oakland County businesses to provide market information and counseling; • provide appropriate market, industry, and other international trade data, selected reference materials, publications, and export-related information as consistent with ITA and DOC policy; • identify, coordinate, and execute trade promotion programs; • participate in events sponsored by business incubators and economic development organizations located in the county that promote small businesses and exporters; • host business seminars and workshops; • promote County business programs, services and events on the BusinessUSA.Gov website for the duration of the leasehold; and PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward absent. WHEREAS any party may terminate this agreement by providing 120 days written notice to the other parties. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached MOA. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached IVIOA and all other related documents between the County of Oakland and USDOC, which may be required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby terminates the existing lease between the County and USDOC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE MEMORANDUM OF AGREEMENT ESTABLISHING A JOINT PROJECT BETWEEN OAKLAND COUNTY, MICHIGAN AND U.S. DEPARTMENT OF COMMERCE Through its Bureaus: International Trade Administration (U.S. and Foreign Commercial Service, Pontiac U.S. Export Assistance Center) and Office of the Secretary, U.S. Department of Commerce (Office of the Chief Financial Officer/Assistant Secretary for Administration, BusinessUSA) DOC Agreement Number: 1301-12-SA OCE Agreement Number: 1. PARTIES This document constitutes an agreement between the County of Oakland (County), through its Department of Economic Development and Community Affairs (Oakland DEDCA) and the U.S. Department of Commerce (DOC) through its bureaus (1) the International Trade Administration, U.S. and Foreign Commercial Service (hereinafter US&FCS) and (2) the U.S. Department of Commerce's Office of the Secretary, Office of the Chief Financial Officer/Assistant Secretary for Administration, BusinessUSA (hereinafter BUSA), (collectively, the parties). AUTHORITIES The US&FCS and BUSA have authority to participate in business development and export promotion projects/activities with the County under: (1) 15 U.S.C. Section 1525, the Department's Joint Project Authority, which provides that the Department may enter into joint projects with nonprofit, research, or public organizations on matters of mutual interest, the cost of which is equitably apportioned; (2) 15 U.S.C. Section 4721, which authorizes US&FCS to promote U.S. exports, and protect U.S. business interests abroad; and 15 U.S.C. Section 1512, which authorizes DOC to foster, promote, and develop the foreign and domestic commerce of the United States. (3) III. PURPOSE Pursuant to this agreement, the parties will work together to promote exports and business growth from Oakland County. To this end, the parties will establish an office for US&FCS services, information and counseling. Oakland DEDCA is responsible for ensuring the economic growth and development of Oakland County and has developed an aggressive business assistance function to support and promote small businesses and exporters located throughout Oakland County. The Pontiac U.S. Export Assistance Center (USEAC) promotes exports of U.S. goods and services through US&FCS's worldwide network of offices, and works to protect U.S. business interests abroad. BUSA supports innovation and entrepreneurship in the U.S. business community, in order to enhance U.S. economic resiliency, assist U.S. job creation and help American fin:ns transform themselves into globally competitive enterprises. BUSA is designed to make it easier for businesses to access the full range of Government programs and services. BUSA works across the DOC bureaus to promote their respective programs. This project is necessary and essential to further the mission of DOC as identified in 15 U.S.C. Section 4721 and Section 1512, in that it will: • Increase the number of identified export-ready and new-to-market Oakland County companies, and promote awareness and usage of US&FCS products and services and other DOC resources designed to assist U.S. companies to export, generate revenue, and create jobs. • Expand US&FCS outreach efforts to Oakland County technology and service companies and enhance on- site one-stop-shop support to better serve clients. • Because of the parties' coordination and collaboration, increase Oakland County companies' use of businessusa.gov, which provides one-stop electronic access to federal, state, local and non-profit business assistance resources. The US&FCS and BUSA have determined that this project cannot be done as effectively without the participation of Oakland DEDCA because of the major role Oakland DEDCA plays in economic development for businesses throughout Oakland County. IV. MUTUAL INTEREST OF THE PARTIES This project is of mutual interest to the parties because US&FCS, BUSA, and the County recognize that U.S. companies, particularly small businesses and exporters, are a critical part of a strong economy and critical to an increase in jobs in Oakland County. Oakland County companies and companies throughout eastern Michigan will benefit by having access to all DOC export programs at one location and to technology that facilitates relationships between local businesses and resources available outside of their immediate area. US&FCS, BUSA, and the County agree that this project furthers their mutual interest in promothig international and domestic business activities. V. RESPONSIBILITIES OF THE PARTIES A. US&FCS agrees to perform the following activities and provide the following resources in support of the joint project activity: 1. Staff the office with US&FCS trade specialists to work with Oakland DEDCA and Oakland County businesses to provide market information and counseling. These persons shall not be deemed employees of the County. 2. Pay salary costs, travel expenses, and all other operational costs for official US&FCS business incurred by the US&FCS staff. 3. Provide Oakland DEDCA with appropriate market, industry and other international trade data, selected reference materials, publications, and export-related information as consistent with ITA and DOC policy. 4. Work with Oakland DEDCA to identify, coordinate, and execute trade promotion programs. 5. Participate with BUSA and Oakland DEDCA in events sponsored by business incubators and economic development organizations located in the county that promote small businesses and exporters. 6. Jointly host business seminars and workshops with Oakland DEDCA and BUSA. 2 7. Participate in regularly scheduled meetings with Oakland DEDCA and BUSA to discuss DOC services and market information pertinent to expanding exports and assisting Oakland County businesses and entrepreneurs. 8. Coordinate with BUSA to supply the office with the standard DOC computer hardware and software packages and general office supplies. 9. Reimburse the County, at its standard rate, for phone service. 10. Provide and pay for Internet access and usage. B. BUSA agrees to perform the following activities and provide the following resources in support of the joint project activity: 1. Pay salary costs, travel expenses, and all other operational costs for official BUSA business incurred by its staff members stationed in Oakland County, Mt. 2. Jointly host business seminars and workshops with Oakland DEDCA and US&FCS. 3. Participate in regularly scheduled meetings with Oakland DEDCA and US&FCS to discuss DOC services and market information pertinent to expanding exports and assisting Oakland County businesses and entrepreneurs. 4. Participate with US&FCS and Oakland DEDCA in events sponsored by business incubators and economic development organizations located in the county that promote small businesses and exporters. 5. Promote Oakland DEDCA's business programs, services and events, as appropriate, on the BusinessUSA.Gov website. 6. Coordinate with US&FCS to supply the office with standard DOC computer hardware and software packages and general office supplies. 7. Reimburse the County, at its standard rate, for phone service. C. The County agrees to perform the following activities and provide the following resources in support of the joint project activity: 1. Provide use of 3,707 square feet of office space located at 1025 S Campus Dr, Annex 1, Building 47 West, Waterford. MI. 2. Coordinate and promote business assistance activities, programs, trade events and initiatives undertaken with US&FCS and BUSA, as appropriate and consistent with ITA and DOC policy. 3. Jointly host business seminars and workshops with US&FCS and BUSA. 4. Participate in regularly scheduled meetings with US&FCS and BUSA to discuss DOC services and market information pertinent to expanding exports and assisting Oakland County businesses and entrepreneurs. 5. Participate with US&FCS and BUSA in events sponsored by business incubators and economic development organizations located in the county that promote small businesses and exporters. 6. Provide routine custodian and security services, including snow removal for the office space. 7. Provide a reasonable number of parking spaces for DOC staff and visitors. 8. Provide and pay for all utilities for the office space. 9. Provide phone service for the office space, except that US&FCS and BUSA separately shall reimburse the County for the phone service at the County's standard rates. VI. EQUITABLE APPORTIONMENT OF COSTS The costs of this project are equitably apportioned as outlined in the attached budget (Exhibit A) The DOC's estimated costs for this project are $132,400. The County's estimated costs for this project are $137,525. 3 VII. CONTACTS The contacts of each party to this agreement are: Richard Corson Director, Pontiac U.S. Export Assistance Center Phone: 248-975-9604 Fax: 248-975-9606 Email: Richard.corson@trade.gov Cynthia Martin Customer Service Manager, BusinessUSA Phone: 248-975-9697 Fax: 248-975-9802 Email: CSIating@commerceconnect.gov Matthew A. Gibb Deputy County Executive Phone: 248-976-9636 Fax: 248-452-9215 Email: Gibbm@oakgov.com Oakland County Department of Facilities Management Attention: Director One Public Works Drive Waterford, MI 48328 Phone: 248-858-0160 Fax: 248.452.2250 Email: holdswortha@oakgov.com The parties agree that if there is a change regarding the information in this section, the party making the change will notify the other party in writing within 30 days of the change. VIII. PERIOD OF AGREEMENT AND MODIFICATION/TERMINATION This agreement will become effective when signed by all parties. The agreement will terminate at the end of two (2) years but may be amended at any time by written agreement of the parties. The parties will review this agreement at least once every two (2) years to determine whether it should be revised, renewed, or canceled. Further, while this agreement will serve as a two-year umbrella agreement, under this agreement US&FCS and BUSA will obligate funds to cover phone charges only for Fiscal Year 2013 (from the effective date of the agreement through September 30, 2013). US&FCS and BUSA will obligate funds for future fiscal years pursuant to yearly amendments to this agreement, subject to the availability funds. Each amendment obligating funds for phone expenses will include estimated costs for the current year's phone charges and a revised Statement of Budget. Any party may terminate this agreement by providing 120 days written notice to the other party.. In the event this agreement is terminated, each party shall be solely responsible for the payment of any expenses it has incurred. This agreement is subject to the availability of funds. IX. OTHER PROVISIONS Should disagreement arise on the interpretation of the provisions of this agreement, or amendments and/or revisions thereto, that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each party and presented to the other party for consideration. If agreement on interpretation is not reached within thirty days, the parties shall forward the written presentation of the disagreement to respective higher officials for 4 appropriate resolution. Under the Inspector General Act of 1978, as amended_ 5 USC App. 3, a review of this agreement may be conducted at any time. The Inspector General of the Department of Commerce, or any of his or her duly authorized representatives, shall have access to any pertinent books, documents, papers and records of the parties to this agreement, whether written, printed, recorded, produced, or reproduced by any mechanical, magnetic or other process or medium, in order to make audits, inspections, excerpts, transcripts, or other examinations as authorized by law. X. SIGNATURES This ageement is approved on behalf of the parties by: Charles Ford Date Acting Assistant Secretary for Trade Promotion and Director General Of the U.S. & Foreign Commercial Service 14th Street and Constitution Ave. NW Washington, DC 20230 Dennis Alvord Executive Director BusinessUSA 14th and Constitution Ave., NW Room 2830 Washington, DC 20230 Michael J. Gingell Date Chairperson, Oakland County Board of Commissioners 1200 North Telegraph Road Pontiac, MI 48341 Date 5 Exhibit A: Statement of Budget ESTIMATED EXPENDITURES ASSOCIATED WITH THE JPA US&FCS (In Kind) Salaries (15%) 60,000 Office Supplies 2,000 Travel Expenses 5,000 Telephones 3,600 Office Furniture & Equipment 20,000 US&FCS TOTAL $90,600 BUSA (In Kind) Salaries (10%) 36,000 Office Supplies 1,000 Travel Expenses 300 Telephones 2,000 Business assistance activities and outreach 2,500 BUSA TOTAL $41,800 DOC TOTAL $132,400 COUNTY (In Kind) Salaries (15%) 75,000 Office Space (3707 s.f.) 60,000 Utilities 600 Parking Space 200 Security 500 Custodian Services 1,225 COUNTY TOTAL $137,525 6 Resolution #13013 January 23, 2013 The Chairperson referred the resolution to the Finance Committee. There were no objections.