HomeMy WebLinkAboutResolutions - 2017.04.26 - 22863REPORT (MISC. *17072) April 26, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF
JOINT PROJECT AGREEMENT (JPA) WITH THE U.S. DEPARTMENT OF COMMERCE
((JSDOC) FOR USE OF SPACE LOCATED IN THE ANNEX I BUILDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution, recommends the
following amendment to the agreement:
Under Program Recommendation for Payment of Invoices, correct Partner in Kind amount from
$167,525 to $147,525.
Chairperson, on behalf of the Finance Committee, move the acceptance of the foregoing report.
ommissioner Thomas Middleton, District *4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Fleming absent.
MISCELLANEOUS RESOLUTION #17072 March 30, 2017
BY: Commissioner Philip Welpert, 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, 30 2017; 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 U.S. & Foreign Commercial
Service (hereinafier 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),
II. 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 Joint 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
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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 and 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 DEDCA 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&FCS 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 Internet 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, Nfi.
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
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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 US. Export Assistance Center
Phone: 248 975-9606
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: Gibbnaoakgov.com
Oakland County Department of Facilities Management
Attn: Director
One Public Works Drive
Waterford, MI 48328
Phone: 248 858-0160
Email: holdsworthaQoakgov.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 CO in writing; (ii)
refers to this Agreement; and (hi) 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.
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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.
XI. 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
Date: IN 7
Michael J. Gingell
Chairperson, Oakland County Board of Commissioners
1200 North Telegraph Road
Pontiac, MI 48341
Date:
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Exhibit A
ESTIMATED BUDGET
US&FCS
In Kind
Salaries $130,000
Operational Costs $2,000
Travel $5,000
Joint Programming & Trade Events $3,000
Shared Business Assistance Activities & Outreach $2,000
Direct Costs
Telephone Services $3,600
US&FCS Total $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
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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: 55407-0004-07-00-00-00 23/20
Agreement.: 7-JPA S
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,1 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.
US&FCS Approval: vii‘m/r )66 alL
Name, Title: Carolyn McNeill, Nation I Field Support Director Global Markets,
USA
Date:
Office of General Council Approval:
See Attached OGC Clearance Memo Dated: February 3, 2016
"e1,- 4‘, 020/
Resolution #17072 March 30, 2017
Vice-Chairperson Tom Middleton referred the resolution to the Finance Committee. There were no
objections.
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FISCAL NOTE (MISC. #17072) April 26, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1 The resolution approves and authorizes a Joint Project Agreement (JPA) between
Oakland County and the U.S. Department of Commerce for U.S. and Foreign
Commercial Services (US&FCS) and Business USA (BUSA) offices located in the
Administrative Annex I building.
2. The JPA provides for the use of approximately 3,707 gross square feet of office space in
the Administrative Annex I building by Commerce Connect and Export Assistance from
January, 2017 through September 30, 2017 at no charge to the U.S. Department of
Commerce.
3. Under terms of this Agreement, US&FCS and BUSA will provide furniture, computers,
and office equipment and reimburse the County for telephone service.
4. Oakland County will provide janitorial service, general building maintenance, security,
grounds work, parking, and utilities except for network/IT services,
5. The parties to the Agreement will review the JPA at least once every year to determine
whether the agreement should be revised, renewed, or canceled.
6. Annual In-kind costs for the Agreement are estimated at $145,600 for the U.S.
Department of Commerce and $147,525 for Oakland County as noted in Exhibit A of the
agreement.
7. The exchange for the County providing office space in the Annex I building of $37,561 for
nine months of FY 2017 has been assigned and included in the FY 2017 building space
allocation budget to Planning and Economic Development Administration.
8. No budget amendment is required as the costs are already reflected in the FY 2017— FY
2019 budget under both Planning and Economic Development Administration and
Facilities Maintenance & Operations.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Fleming absent.
Resolution #17072 April 26, 2017
Moved by Berman supported by Bowman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Hoffman, Jackson, Kochenderfer, Kowall, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Zack, Berman, Bowman. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
(17,11
ileREBY APPRQV IS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45559A (T
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 26, 2017,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 26th day of April, 2017
-
/Cf4c
Lisa Brown, Oakland County