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HomeMy WebLinkAboutReports - 2023.09.14 - 40541 AGENDA ITEM: Joint Project Agreement (JPA) with the U.S. Department of Commerce (USDOC) for use of Space Located in Annex I Office Building DEPARTMENT: Facilities Management MEETING: Board of Commissioners DATE: Thursday, September 14, 2023 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3295 Motion to approve the Joint Project Agreement with the U.S. Department of Commerce for use of Space Located in Annex I Office Building from October 1 ,2022, through September 30, 2023; further authorizes the Chair or his designee to execute the Agreement and all other related documents between the County of Oakland and the U.S. Department of Commerce. ITEM CATEGORY SPONSORED BY Lease Yolanda Smith Charles INTRODUCTION AND BACKGROUND The U.S. Department of Commerce (DOC) Export Assistance Center (USEAC) promotes exports of U.S. goods and services through the U.S. Foreign Commercial Service worldwide network of offices, and works to protect U.S. business interests abroad. The County, going back to MR#13013 has partnered with the DOC, in using County campus office space for many years. The County will continue the office space lease to DOC but with reduced footprint in the Annex I building (see exhibit A). The DOC will pay $7,530.24 annual rent based on annual building and operations costs by the County. The County will provide janitorial service, general building maintenance, security, grounds work, parking and utilities. Oakland County Corporation Counsel, the Departments of Facilities Management and Economic Development have reviewed and approved the JPA which will become effective when signed by both parties.The DOC only allows one-year leases, and at this time the lease will cover one year terminating September 30, 2023. A new one year JPA will be forthcoming to renew the 2024 term and that lease terminates September 30, 2024. POLICY ANALYSIS The request is for the renewal of the Joint Project Agreement (JPA) with the U.S. Department of Commerce (USDOC) to lease 635 square feet (previously 3,707) of office space in the Annex 1 facility located at 1025 S Campus Dr, Building 47 West (building layout in Civic Clerk). This agreement provides the opportunity for both parties, the USDOC and Oakland County (OC) Department of Economic Development to work together and pool resources to promote U.S. exports from OC and to facilitate the identification of export-ready companies while providing them enhanced benefits such as client counseling and overseas market assistance. The Commercial Service - Pontiac promotes exports of U.S. goods and services through the U.S. & Foreign Commercial Service’s (US&FCS) worldwide network of offices and works to protect U.S. business interests abroad. This agreement has been in place for many years. The USDOC will pay annual rent in the amount $7,530.24 based on annual building and operations costs by the County. The costs of this project are equitably apportioned as outlined in the attached budget (Exhibit A). The estimated in-kind costs for the USDOC are $28,500, with a direct cost of $7,530.24 annually and the billing will be quarterly at $1,882.56 and the total estimated in-kind and direct costs for this project are $36,030.24. This covers their staff, marketing & materials for the County, support of promotional events, seminars and meetings, as well as miscellaneous office equipment. The County’s estimated in–kind costs are $36,000 for providing janitorial service, general building maintenance, security, grounds work, parking and utilities as part of the lease. For a full list of service responsibilities of both parties, see the end of page 2 and page 3 of the Agreement in Civic Clerk. Either party may terminate the Agreement by providing 60 days written notice. Corporation Counsel, the Departments of Facilities Management and Economic Development have reviewed and approved the JPA. It will be effective when signed by both parties with a term of 10/1/2022 to 09/30/2023 but may be amended or extended at any time by mutual written consent of the parties. The County will renew the JPA again for 2024 with the same terms after the fiscal year. On approval of the Board, the Chair or the designee will sign the Agreement and all other related documents between the County of Oakland and USDOC. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Paul Zachos, Property Management Specialist Jeanne Broad, Director Economic Development ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 9/14/2023 AGENDA DEADLINE: 09/14/2023 6:00 PM ATTACHMENTS 1. 23-JPA-008 Oakland County Pontiac MI May 23 ITA signed COMMITTEE TRACKING 2023-09-06 Economic Development & Infrastructure - Recommend to Board 2023-09-14 Full Board - Adopt Motioned by: Commissioner Penny Luebs Seconded by: Commissioner Christine Long Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Charles Cavell, Ajay Raman (16) No: None (0) Abstain: None (0) Absent: Brendan Johnson, Gary McGillivray, Michael Gingell (3) Passed 1 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: 23-JPA-008 I. PARTIES This document constitutes an Agreement the between the U.S. & Foreign Commercial Service (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 function to support and promote small businesses and exporters located throughout Oakland County. 2 The Commercial Service - Pontiac 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 Oakland DEDCA programs and 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 two (2) US&FCS trade specialists 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 employees’ duty station will be in Pontiac, MI at the US Commercial Service – Pontiac, MI. The US&FCS staff will be under the supervision of the U.S. Export Assistance Center (USEAC) Director. These persons shall not be deemed employees of the County. 2. Involve as appropriate, one personnel from related federal trade finance entity, EXIM Bank, who will also conduct activities when appropriate in the space provided by Oakland DEDCA. US&FCS will enter into an interagency agreement with EXIM Bank regarding use of the space by its personnel, an such interagency agreement shall be consistent with the terms of this Agreement. 3 3. Pay salary costs, travel expenses and all other operational costs for official US&FCS business incurred by the US&FCS staff. 4. 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. 5. Work with Oakland DEDCA to identify, coordinate and execute trade promotion programs. 6. Participate with Oakland DEDCA in events sponsored by business incubators and economic development organizations located in the county that promote small businesses and exporters. 7. Jointly host business seminars and workshops with Oakland DEDCA. 8. 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. 9. Supply the office with the standard US&FCS computer hardware and software. 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 636 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. 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 $28,500. Direct Cost is $7,530.24 annually. Billing will be quarterly at $1882.56. US&FCS total estimated in-kind and direct costs for this project are $36.030.24. The County’s estimated in–kind costs for this project are $36,000. DUNS Number: 929956225 Treasury Account Symbol: 13 2023 2023 1250 CBS ACCS Number: 55/23/6089610-000 55-07-0004-07-00-00-00-00 23-20 4 VII. CONTACTS The contacts of each party to this Agreement are: Jennifer Moll Director Commercial Service, Pontiac 1200 N Telegraph, North Office Building 26E Pontiac, MI 48341 Phone: 313-212-8693 Email: Jennifer.moll@trade.gov Jeanne Broad Interim Director Oakland County Economic Development & Community Affairs 2100 Pontiac Trail Rd. Waterford, MI 48328 Phone : (248) 622-9973 Email : broadj@oakgov.com Edward P. Joss Director Oakland County Department of Facilities Management One Public Works Drive Waterford, MI 48328 Phone: (248) 721-1204 Email: josse@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 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, 2023 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 (i) is in writing; (ii) refers to this Agreement; and (iii) is 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 60 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. 5 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 appropriate resolution. X. THEREFORE, the parties hereto have caused this Agreement to be executed by their duly authorized officers and mutually agree on the terms. James Golsen Deputy Director General U.S. & Foreign Commercial Service 1401 Constitution Avenue, NW Washington, DC 20230 ____________________________________________ Date: ____________________ David T. Woodward Chairperson, Oakland County Board of Commissioners 1200 North Telegraph Road Pontiac, MI 48341 ____________________________________________ Date: ____________________ 6 23 JPA 008 Exhibit A ESTIMATED BUDGET US&FCS In Kind Salaries (10%) $20,000 Operational Costs $1,500 Travel $2,000 Joint programming & trade events $2,500 Shared business assistance activities & outreach $2,500 Total in Kind $28,500 Direct Costs Office Space $7.530.24 US&FCS Total $36,030.24 Oakland County In Kind Salaries (10%) $20,000 Joint programming & trade events $2,500 Use of shared conference spaces $2,000 Shared business assistance activities & outreach $2,500 Security costs $2,500 Operational costs and utilities $6,500 Oakland County Total $36,000