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HomeMy WebLinkAboutResolutions - 2017.03.30 - 22841MISCELLANEOUS RESOLUTION #17072 March 30, 2017 BY: Commissioner Philip Weipert, Chairperson, Planning and Building Committee IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF JOINT PROJECT AGREEMENT (JPA) 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 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 Oakland County Board of Commissioners in MR#13013 (see attached) approved a Memorandum of Agreement to allow the US & FCS and BUSA to use building space in the Annex I Building on the County campus; and WHEREAS the U.S. Department of Commerce (USDOC) has drafted an agreement, which is attached, to establish a Joint Project, (JPA) to provide for the continued work among Oakland DEDCA, US & FCS, and BUSA and to provide for the continued use of space in the Annex I Building by US &FCS and BUSA; and WHEREAS Oakland County Corporation Counsel and the Department of Facilities Management has reviewed the JPA; and WHEREAS the parties will review this agreement once every year to determine whether it should be revised, renewed, or canceled; and WHEREAS the JPA will become effective when signed by all parties, will terminate at the end of one (1) year, 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 JPA provides for the use of approximately 3,707 gross square feet of office space within the Annex I building from January, 2017 through September, 302017; and WHEREAS in exchange for the County providing the building space at a rate of $13.51 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 WHEREAS any party may terminate this agreement by providing 120 days written notice to the other parties. PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote with Berman absent. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached JPA. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached JPA and all other related documents between the County of Oakland and USDOC, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. _ Commissioner Philip Weipert, District #8 Chairperson, Planning & Building Committee AGREEMENT ESTABLISHING A JOINT PROJECT (JPA) BETWEEN THE U.S. & FOREIGN COMMERCIAL SERVICE GLOBAL MARKETS INTERNATIONAL TRADE ADMINISTRATION U.S. DEPARTMENT OF COMMERCE AND OAKLAND COUNTY, MICHIGAN DOC Agreement Number: 17 JPA 025 I. PARTIES This document constitutes an Agreement the between the US, & Foreign Commercial Service (hereinafter US&FCS), Global Markets (GM), of the International Trade Administration (ITA) within the U.S. Department of Commerce (DOC) and the County of Oakland (County), through its Department of Economic Development and Community Affairs (Oakland DEDCA). IL AUTHORITIES The US&FCS has authority to participate in export promotion projects/activities with the County under: (1) 15 U.S.C. Section 1525, the Department's Yoint Project Authority, which provides that the Department may enter into joint projects with non-profit, research, or public organizations on matters of mutual interest, the costs of which are equitably apportioned; and (2) 15 U.S.C. Section 4721, which authorizes US&FCS to promote U.S. exports, and support U.S. commercial interests abroad. III. PURPOSE Pursuant to this Agreement the parties will work together to promote U.S. exports from Oakland County, This project enables the parties to pool resources to facilitate the identification of export-ready companies in Oakland County and to provide them enhanced benefits such as client counseling and overseas market assistance. The sharing of office space will assist US&FCS and Oakland DEDCA in meeting the exporting needs of the business community in Oakland County, especially small- and medium-sized companies. To this end, the parties will share office space located at 1025 S Campus Drive, Annex 1, Building 47 West, Waterford, Michigan. Oakland DEDCA is responsible for ensuring the economic growth and business development of Oakland County and has developed an aggressive business assistance 1 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. This project is necessary and essential to further the mission of US &FCS as identified in 15 U.S.C. Section 4721 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 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 arid enhance on-site one-stop-shop support to better serve clients. The US&FCS has determined that this project cannot be done as effectively without the participation of Oakland DBDCA because of the major role Oakland DEDCA plays in economic development for businesses throughout Oakland County. • Oakland DEDCA is aggressive in its outreach and support of Oakland County businesses. • Oakland DEDCA has expertise in international trade matters arising from Oakland DEDCA's aggressive business assistance to promote exporting by Oakland County businesses, IV. MUTUAL INTEREST OF THE PARTIES This project is of mutual interest to the parties because both parties 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 US&FCS export programs at one location and to technology that facilitates relationships between local businesses and resources available outside of their immediate area. US&FCS and the County agree that this project furthers their mutual interest in promoting international 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. Assign one US &PCS trade specialist to work with Oakland DEDCA and Oakland County businesses to provide market information and counseling, including conducting such activities in the space provided by Oakland DEDCA. The employee's duty station will be Pontiac, Michigan at the US Commercial Service — Pontiac, Michigan. The US&FCS staff will be under the supervision 2 of and report to the Regional Network Director, Great Lakes Region. 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 consistent with ITA and DOC policy. 4. Work with Oakland DEDCA to identify, coordinate and execute trade promotion programs. 5. Participate with 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. 7. Participate in regularly scheduled meetings with Oakland DEDCA to discuss US&FCS services and market information pertinent to expanding exports and assisting Oakland County businesses and entrepreneurs, 8. Supply the office with the standard US&FCS computer hardware and software packages and general office supplies. 9. Reimburse the County, at its standard rate, for phone services. 10. Provide and pay for iMernet access and usage. B. The County agrees to perform the following activities and provide the following resources in support of the joint project activity: 1. Coordinate and promote business assistance activities, programs, trade events and initiatives undertaken with US &FCS, as appropriate and consistent with ITA and DOC policy. 2. Jointly host business seminars and workshops with US&FCS. 3. Provide use of 3,707 square feet of office space located at 1025 S Campus Dr, Annex 1, Building 47 West, Waterford, MI 4. Participate in regularly scheduled meetings with US&FCS to discuss US&FCS services and market information pertinent to expanding exports and assisting Oakland County businesses and entrepreneurs. 5. Participate with US&FCS in events sponsored by business incubators and economic development organizations located in the county that promote small business 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 US&FCS staff and visitors, 8. Provide and pay for all utilities for the office space. 9. Provide phone service for the office space, that US&FCS shall reimburse the County for 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 US&FCS' estimated in-kind costs for this project are $142,000. Direct 3 Cost are $3,600 for US&FCS for telephone services, The County's estimated in—kind costs for this project are $147,525. VII. CONTACTS The contacts of each party to this Agreement are: Richard Corson Director, Pontiac U.S. Export Assistance Center Phone: 248 975-9606 Email: Richard.CorsonAtrade.gov Matthew A. Gibb Deputy County Executive One Public Works Drive Waterford, MI 48328 Phone; 248 976-9636 Fax: 248 452-9215 Email: Gibbna,oakgov.com Oakland County Department of Facilities Management Attn: Director One Public Works Drive Waterford, MI 48328 Phone: 248 858-0160 Email: boldsworthaoakgov.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 such change. VIII. PERIOD OF AGREEMENT AND MODIFICATION/TERMINATION The Agreement will become effective when signed by both parties. The Agreement will terminate on September 30,2017, but may be amended or extended at any time by mutual written consent of the parties, This Agreement contains the entire agreement between the parties hereto and shall not be modified, amended or supplemented, or any rights herein waived, unless such amendment or modification to this Agreement is (i) in writing; (ii) refers to this Agreement; and (iii) executed by an authorized representative of each party. This Agreement supersedes any and all previous agreements, whether written or oral, between the parties. Either 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. Any obligations under this Agreement are subject to the availability of appropriated funds and to applicable laws and regulations. 4 Date: IN 7 X. 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 appropriate resolution, Xl. THEREFORE, the parties hereto have caused this Agreement to be executed by their duly authorized officers and mutually agree on the terms. Judy R. Reinke Deputy Director General U.S. & Foreign Commercial Service 14th Street and Constitution Avenue, NW Washington, D.C. 20230 Michael J. Gingell Chairperson, Oaldand County Board of Commissioners 1200 North Telegraph Road Pontiac, MI 48341 Date: 5 Exhibit A ESTIMATED BUDGET US&FCS In Kind Salaries Operational Costs Travel Joint Programming & Trade Events Shared Business Assistance Activities & Outreach Direct Costs Telephone Services US&FCS Total $130,000 $2,000 $5,000 $3,000 $2,000 $3,600 $145,600 Oakland County In Kind Salaries $100,000 Office Space (3,707 S.F.) $40,000 Operational Costs $2,525 Joint Programming & Trade Events $3,000 Shared Business Assistance Activities & Outreach $2,000 Oakland County Total $147,525 6 Program Recommendation for Payment of invoices Partner: Oakland County, Department of Economic Development and Community Affairs. Action Type: JPA•with Direct Costs US&FCS in Kind: $142,000 US&FCS Direct Costs: $3,600 annual for telephone services US&FCS Total: $145,600 Partner In Kind: $167,525 Certifying Official: Carolyn McNeill Amount Approved: $3,600 Project Code: 55/17 6089510-000 Organization Code: 55:07-0004-07-00-00-00 23/20 Agreement : 7-JPA aq. I have reviewed the invoice(s)from the project partner and I have determined that the costs for which payment is requested are consistent with the estimated budget for this project. In addition, I conclude that the direct costs of the activities and/or project are reasonable, allowable and allocable to the program in accordance with the relevant cost principals. I recommend the disbursement of $3,600 consistent with the terms of the WA And Oakland County, Department of Economic Development and Community Affairs. The authority for this action Is found in 15 U.S.C.1525, {01611/4h- Name, Title: Carolyn McNeill, Nation! Field Support Director Global Markets, USA Date: Office of General Council Approval: See Attached OGC Clearance Memo Dated: February 3, 2016 US&FCS Approval: #Jaoit9 Resolution #17072 March 30, 2017 Vice-Chairperson Tom Middleton referred the resolution to the Finance Committee. There were no objections.