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HomeMy WebLinkAbout25. 14-488 OCTOBER 28, 2014 14-488 RESOLUTION (CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT WITH EXPLORER SOLUTIONS, INC TO UNDERTAKE AEROSPACE CLUSTER STUDY FOR AVIATION BUSINESS PARK ($60,000) INITIATED BY: COMMUNITY DEVELOPMENT WHEREAS, the City and Explorer Solutions previously entered into an agreement for the provision of services related to the Regional Aviation/Aerospace Business Cluster Development which included the option to include other airports in the aerospace cluster study with funding from East Central Wisconsin Regional Planning Commission (ECWRPC) through a Department of Defense Office of Economic Adjustment grant; and WHEREAS, ECWRPC received additional DOD-OEA grant funds and desire to expand the Aviation Business Cluster Study to include Fond du Lac and Outagamie County Regional Airports; and WHEREAS, Fond du Lac and Outagamie County Regional Airports would provide the matching funds of $3,000 each to the City for the DOD-OEA grant. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into and take those steps necessary to implement an appropriate professional services agreement with Explorer Solutions to undertake an expanded Aerospace Cluster Study for the Aviation Business Park in the amount sixty thousand dollars ($60,000). Acct. No. 504-1040-6450-00000 TIF #26 Fund – Aviation Business Park 0 1HK 1'H a+n�e w��n TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: October 23, 2014 RE: Res 14-485 Approve Revised Intergovernmental Agreement with East Central Wisconsin Regional Planning Commission for Department of Defense Office of Economic Adjustment Grant Funds for Regional Aviation /Aerospace Business Cluster Res 14-486 Approve Intergovernmental Agreement with Fond du Lac County Regional Airport to Undertake a Regional Aviation/ Aerospace Business Cluster Development; Accept $3,000 Contribution Res 14-487 Approve Intergovernmental Agreement with Outagamie County Regional Airport to Undertake a Regional Aviation/ Aerospace Business Cluster Development; Accept $3,000 Contribution Res 14-488 Approve Amendment to Professional Service Agreement with Explorer Solutions Inc. to Undertake Aerospace Cluster Study for Aviation Business Park ($60,000) Res 14-489 Approve Professional Service Agreement with Elizabeth Hartman to use Department of Defense Grant Funds to create a Development Manual, Restrictive Covenants & Lease Purchase Agreements Relating to Aviation Business Park Development ($30,020) BACKGROUND The Department of Defense (DoD) Office of Economic Adjustment (OEA) identified the Oshkosh region as a region affected by a reduction in DoD purchasing. That reduction then resulted in layoffs at Oshkosh Corporation in 2013. DoD's staff at OEA contacted East Central Wisconsin Regional Planning Commission (ECWRPC) to explore ways to assist the region respond to the layoffs and better diversify the regional economy. ECWRPC then contacted the many regional Economic Development partners, including the City of Oshkosh, and convened a meeting with DoD and ECWRPC to develop projects that could address these economic issues expected to be caused by the decreases in defense spending in the region. ECWRPC and its Economic Development partners developed a list of possible projects for grant funding through DoD — OEA. The DoD OEA office selected 6 projects that they thought best addressed the reduction of DoD-related employment. One of the projects proposed was the next step in the development of an Aerospace/Aviation cluster identified in the Targeted Industry Study. City staff worked with Chamco and the other Economic Development partners on a project that would directly benefit the City by helping develop and fill the newly created Oshkosh Aviation Business Park. Since that time, DoD has added additional funding to include Outagamie and Fond du Lac County Airports to the Aerospace/Aviation Cluster study. The attached revised Intergovernmental Agreement would serve as the mechanism for the City to receive an additional $90,020 in grant funds from ECWRPC for the Aviation project. Two additional agreements with Outagamie County and Fond du Lac County would fund the 10% matching funds necessary for the DoD funding. The additional County airports will be paying for the City's 10% grant match in staff time. The next agreement relates to the contract amendment to increase the City contract amount with the aviation consultant, Explorer Solutions. The $60,000 in DoD grant funds will incorporate both Outagamie and Fond du Lac airports to the Aviation Cluster study. One new element of the DoD assistance to the Oshkosh Aviation Business Park development is the DoD's interest in helping create a Business Development Manual, a new set of Restrictive Covenants, and standard lease agreements for the Oshkosh Aviation Business Park. The $30,020 in DoD grant funds would be used to contract with Elizabeth Hartman to create and deliver all the documents necessary for the physical development of the private investments in the Oshkosh Aviation Business Park. ANALYSIS The DoD and ECWRPC have a grant agreement (with ECWRPC as the grant awardee) that works as a master agreement for 6 projects that will be undertaken as part of the DoD grant. The Aviation Study and Aviation Business Park is one of those projects. ECWRPC has drafted the attached revised Intergovernmental Agreement so that it can serve as a pass- through of the additional $90,020 in grant funds to the City. This agreement also passes to the City the responsibility for performing the elements of Aviation Study and Aviation Business Park. The two partner airports are providing $3,000 each in matching funds for the Aviation Study that will fund staff time from City. No City funds are required for the DoD's requirement for matching grant funds. Construction of the infrastructure in the Aviation Business Park should be completed by October 31, 2015. The Business Development Manual, Restrictive Covenants, and Lease Agreements will be completed by June 30, 2015. The Aviation Study project will be completed by July 31, 2015. The DoD grant will terminate in December, 2015. The result of these actions will create a regional, complementary aviation cluster approach for all three airports, and create the legal documents to guide private development in the Oshkosh Aviation Business Park. The project is an example of collaboration in economic development that will help diversify our economy and provide more job opportunities to residents, and more business development opportunities to existing employers. RECOMMENDATION Approval of Intergovernmental Agreement with East Central Wisconsin Regional Planning Commission for Department of Defense Office of Economic Adjustment Grant Funds for Regional Aviation/Aerospace Business Cluster Development & Planning Assistance Activities and 4 additional agreements — Outagamie County and Fond du Lac County, Explorer Solutions, and Elizabeth Hartman. FISCAL IMPACT No direct fiscal impact, matching grant funds will be provided in staff time and from Outagamie County and,Fond du Lac County. Approved, ..��� ,�k'�f�'�-���y-'` , City Manager AMENDMENT TO AGREEMENT The City of Oshkosh ("City") and Expiorer Solutions, Inc. ("Explorer") hereby agree to amend the Agreement between City and Explorer dated March 28, 2014 as follows: WHEREAS, the East Central Wisconsin Regional Planning Commission (ECWRPC) has entered into a grant agreement 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 (the Grant Agreement is attached as Appendix D and incorporated by reference); and WHEREAS, the Grant Agreement includes a subaward to the City to undertake a Regional Aviation/Aerospace Business Cluster Development & Planning Assistance project (Project) as set forth in the Scope of Services attached as Appendix A and incorporated by reference; and WHEREAS, ECWRPC is required, prior to distributing any DoD-OEA program funds to the City for any eligible activity funded by the ECWRPC in the subaward, to execute a written Intergovernmental Agreement with the City which was accomplished on March 28th, 2014, which agreement has been amended to incorporate additional services not included in the original agreement; and WHEREAS, City and Explorer previously entered into an agreement for the provision of services related to the Regional Aviation/Aerospace Business Cluster � Development & Planning Assistance project which included the option to include other airports in the aerospace cluster study; and WHEREAS, Fond du Lac County and Outagamie County desire to participate in the Study; and WHEREAS, ECWRPC is requiring the City as a condition of the City's amended agreement with ECWRPC that the City include various provisions in its agreements with its contractors including Explorer; and WHEREAS, it is therefore necessary to amend the existing agreement between the parties to include Fond du Lac County and Outagamie County and to include the provisions as specified by ECWRPC. NOW, THEREFORE, IT IS AGREED by and between the parties as follows: 1. The Agreement between the City of Oshkosh and Explorer Solutions, Inc. dated March 28, 2014 is hereby amended to include the Fond du Lac County Airport and Outagamie County Airport in the Aviation Aerospace Business Cluster Study as provided in attachment 5.3 Optional Service for Other Airports to the Aerospace Cluster Study and 9.2 Budget Optional Services. The additional costs for these additional airports will be $60,000 to be paid to Explorer Solutions, Inc. 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 $6000, necessary for the DoD OEA Grant Funding. 2. Explorer shall cooperate with City to provide ECWRPC information required to submit SF 270 "Request for ReimbursemenY' (Request), which includes detail for both federal and in-kind funds, in order to reimburse the City for costs incurred in connection with the Project. 3. Explorer shall undertake all necessary actions, as determined by City and ECWRPC, and as authorized by Federal, State and Local laws, to carry out the requirements of the DoD-OEA grant and to comply with all applicable laws and to perForm all services pertaining to the Regional Aviation Aerospace Business Cluster Study in accordance with the generally accepted standards of the profession. 4. Explorer shall not assign this Agreement without prior written consent from City. 5. Nondiscrimination in Employment a) In connection with the performance of services under this Agreement, Explorer agrees not to discriminate against any employee or applicant for employment because of age, race, handicap, sex, physical condition, development disability as defined in sec. 51.01(5) Wis. Stats., sexual orientation as defined in sec. 111.32(13m) Wis. Stats., or national origin. This provision includes, but is not limited to, employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay, other forms of compensation, selection for training including apprenticeship. b) Except with respect to sexual orientation, Explorer agrees to take affirmative action to ensure equal employment opportunities. Explorer agrees to post in conspicuous places, available for employees and applicants, notices setting forth the provisions of the nondiscrimination clause. 6. Equal Employment Opportunity a) Explorer will, in all solicitations or advertisements for employees placed by or on behalf of the Explorer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. b) Explorer 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 activity. Explorer 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) Explorer will comply with all provisions of Executive Order 11246, "Equal Opportunity" as amended by Executive Order 11375, and as supplemented in the Department of Labor regulations (41 CFR Part 60). d) Explorer 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 to ascertain compliance with such rules, regulations, and orders. 7. Errors and Omissions a) Explorer 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. Explorer shall give immediate attention to these revisions or corrections to prevent or minimize delay to the Project. Explorer shall be responsible for any losses to or costs to repair or remedy as a result of the Explorer's negligent acts, errors, or omissions. b) Explorer 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. 8. Conflict of Interest a) Explorer warrants that neither it nor any of its affiliates has any financial or personal interest that would conflict in any manner with the perFormance of the Services under this Agreement, and that neither it nor any of its affiliates will acquire directly or indirectly any such interest. b) Explorer warrants that it will immediately notify City if an actual or potential conflict of interest arises or becomes known to Explorer. Upon receipt of such notification, City will review and written approval is required for Explorer to continue to perform work under this Agreement. 9. Certification Regarding Lobbying. Explorer certifies, by entering into this Amendment to its 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 Amendment and incorporated herein by reference. 10.Certification Regarding Debarment a) Explorer 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 otherwise criminally or civilly charged by a government entity; and (4) have not had one or more public transactions terminated for cause or default within the previous three years. b) Explorer 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. 11.Disadvantaged Business Utilization a) Explorer agrees to ensure that Disadvantaged Business as defined 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, Explorer 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. Explorer 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) Explorer 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) Explorer shall maintain records and document its performance under this item. For CITY For Explorer Mark Rohloff, City Manager City of Oshkosh Date: Date: Allen Davis, Community Development Director City of Oshkosh Date: Pamela R. Ubrig, City Clerk City of Oshkosh Date: Lynn A. Lorenson, City Attorney City of Oshkosh Date: OFFICE OF ECONOMIC ADJUSTMENT CERTIFICATION REGARDING LOBBYING 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 For EXPLORER By: By: Mark Rohloff, City Manager City of Oshkosh Date: Date: