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HomeMy WebLinkAbout39. 15-277 MAY 26, 2015 15-277 RESOLUTION (CARRIED___6-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT WITH ELIZABETH HARTMAN TO DEVELOP A BUSINESS AND IMPLEMENTATION PLAN AND MEMORANDUM OF UNDERSTANDING BETWEEN AIRPORTS AND STRATEGIC PARTNERS FOR THE AVIATION CLUSTER STUDY ($64,770) INITIATED BY: COMMUNITY DEVELOPMENT WHEREAS, the City previously entered into a professional service agreement with Elizabeth Hartman to create and deliver all documents necessary for the physical development of the private investments in the Oshkosh Aviation Business Park; and WHEREAS, the City has started work on developing the market niches and recruit businesses for the proposed Business Park and requires additional documents and services that Elizabeth Hartman is capable of providing. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the professional service agreement with Elizabeth Hartman is hereby amended to include the following services: 1) Complete the aviation niche business plans and implementation plan, 2) Assist in preparing the implementation funding proposal to DOD, 3) Create the agreements required to implement the aviation market niches cluster study, including but not limited to GO-EDC, the City of Oshkosh, up to 4 counties including Winnebago County, WED, FVTC, UW-Oshkosh, Aeroinnovate and other businesses or organizations that will be required to implement the 2 market niches 4) Assist the City and County in revising the airport zoning code. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized to enter into an amended Professional Service Agreement with Elizabeth Hartman, in an amount not to exceed $64,770, in substantially the same form as attached hereto, any changes in the execution copy being approved by their respective signatures, and to take those steps necessary to implement said agreement. Money for this purpose is hereby appropriated from account: 504-1040-6450-00000 TIF#26 AVIATION BUSINESS PARK MAY 26, 2015 15-277 RESOLUTION (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT WITH ELIZABETH HARTMAN TO DEVELOP A BUSINESS AND IMPLEMENTATION PLAN AND MEMORANDUM OF UNDERSTANDING BETWEEN AIRPORTS AND STRATEGIC PARTNERS FOR THE AVIATION CLUSTER STUDY ($64,770) INITIATED BY: COMMUNITY DEVELOPMENT WHEREAS, the City previously entered into a professional service agreement with Elizabeth Hartman to create and deliver all documents necessary for the physical development of the private investments in the Oshkosh Aviation Business Park; and WHEREAS, the City has started work on developing the market niches and recruit businesses for the proposed Business Park and requires additional documents and services that Elizabeth Hartman is capable of providing. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the professional service agreement with Elizabeth Hartman is hereby amended to include the following services: 1) Complete the aviation niche business plans and implementation plan, 2) Assist in preparing the implementation funding proposal to DOD, 3) Create the agreements required to implement the aviation market niches cluster study, including but not limited to GO-EDC, the City of Oshkosh, up to 4 counties including Winnebago County, WED, FVTC, UW-Oshkosh, Aeroinnovate and other businesses or organizations that will be required to implement the 2 market niches 4) Assist the City and County in revising the airport zoning code. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized to enter into an amended Professional Service Agreement with Elizabeth Hartman, in an amount not to exceed $64,770, in substantially the same form as attached hereto, any changes in the execution copy being approved by their respective signatures, and to take those steps necessary to implement said agreement. Money for this purpose is hereby appropriated from account: 504-1040-6450-00000 TIF#26 AVIATION BUSINESS PARK OJHKOIH TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis Community Development Director DATE: May 21, 2015 RE: Approve Amendment to Professional Service Agreement with Elizabeth Hartman to Develop a Business and Implementation Plan and Memorandum of Understanding Between Airports and Strategic Partners for the Aviation Cluster Study ($64,770) BACKGROUND In March, 2013, the City of Oshkosh and Winnebago County partnered to purchase 80 acres of land for the Aviation Business Park (TID #26). Working with East Central Wisconsin Regional Planning Commission, Winnebago County and Chamco, the City was awarded $451,000 in grants from the Department of Defense (DoD) to further plan, develop and market an Aerospace and Aviation market niche that best fits with Oshkosh and Wittman Field. ANALYSIS In May, 2014, the city began work on developing the market niches and recruit businesses for the business park. That work has progressed to the point that there are now 4 airports included in the study, and two market niches to best fill the aviation business park. Elizabeth Hartman has already been retained to create and deliver all the documents necessary for the physical development of the private investments in the Oshkosh Aviation Business Park. The existing elements of the contract with Ms. Hartman include creating a Business Development Manual, a new set of Restrictive Covenants, and standard lease agreements for the Oshkosh Aviation Business Park. The new elements of the proposed contract amendment with Elizabeth Hartman are: 1. complete the aviation niche business plans and implementation plan, 2. assist in preparing the implementation funding proposal to DoD, 3. create the agreements required to implement the aviation market niches cluster study, including, but not limited to GO-EDC, the City of Oshkosh, up to 4 counties including Winnebago County, WEDC, FVTC, UW-Oshkosh, Aeroinnovate and other businesses or organizations that will be required to implement the 2 market niches 4. assist the City and County in revising the airport zoning code. FISCAL IMPACT Ms. Hartman's services will be paid from the DoD grant funds awarded to the City. City staff time is counted as matching funds for the DoD grant. RECOMMENDATION City Council approves the amendment to the professional services agreement with Elizabeth Hartman to assist in completing the Aviation/Aerospace Cluster Study for the Aviation Business Park ($64,770). Approved, City Manager AMENDMENT TO THE CONSULTANT AGREEMENT DATED OCTOBER 28, 2014 This Amendment to the Consultant Agreement (the "Amendment") dated October 28, 2014 is made and entered into on May , 2015 by and between the City of Oshkosh (the CITY) and Elizabeth Hartman (the CONSULTANT) (the CITY and CONSULTANT collectively referred to as Parties). RECITAL The Parties entered into the Consultant Agreement to set forth the agreement between them for Consultant to deliver certain services in connection with development of an Aviation Business Park utilizing grant funds from the Department of Defense, Office of Economic Adjustment (DoD-OEA). The Parties wish to add services and compensation to the Consultant Agreement pursuant to this Amendment. AMENDMENT 1. ARTICLE III. SCOPE OF WORK is amended to add the following: Additional Services. CONSULTANT shall also (a) complete the DoD-OEA implementation grant proposal for the aerospace cluster development project; (b) work with local stakeholders to complete the DoD-OEA grant deliverables on aerospace cluster planning efforts including taking the lead on strategy and business plan for the cluster(s); (c) develop a memorandum of understanding between Wittman Regional Airport, Fond du lac County Airport, Outagamie County Regional Airport and Austin Straubel International Airport to cooperatively develop the cluster(s); (d) transition the Greater Oshkosh Economic Development Corporation (GO- EDC) into the project; and (e) revise airport zoning code for consistency with restrictive covenants for the Aviation Business Park. Compensation for Additional Services. The cost of the additional services shall not exceed $43,010. Compensation for Services Already Performed. In addition, the CITY will compensate CONSULTANT for services performed from January 1, 2015 to the date of this Amendment in connection with the aerospace cluster study, including taking the local lead on the project, working with the CITY'S consultant Explorer Solutions, working on the DoD-OEA implementation grant and developing a strategy to replace Explorer Solutions with a local team to complete the study process, such compensation in the amount of$21,760 (256 hours of work at $85 per hour). CONSULTANT continued work on the study project while the CITY awaited approval from the DoD-OEA on additional funding to support additional activities, which has been granted. The Parties understood CONSULTANT would be compensated retroactively for this work once the funding was approved. CONSULTANT will invoice for this amount upon execution of this Amendment. 2. ARTICLE V. TIME OF COMPLETION is amended to add: The time of completion for the Additional Services set forth in ARTICLE III shall be December 31, 2015. 3. ARTICLE VI. PAYMENT A. The Contract Sum is amended to add: The CITY shall pay to the CONSULTANT for the performance of the Additional Services under the contract the total sum of $43,010, adjusted by any changes as provided in the proposal, or any changes hereafter mutually agreed upon in writing by the parties hereto. 4. All other terms of the Consultant Agreement dated October 24, 2014 between the CITY and CONSULTANT remain unchanged and in full force and effect. [Signature Page Follows] In the Presence of: ELIZABETH HARTMAN, CONSULTANT By: Elizabeth Hartman (Seal of Contractor if a Corporation.) By: CITY OF OSHKOSH By: Mark A. Rohloff, City Manager (Witness) And: (Witness) Pamela R. Ubrig, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will Approved: accrue under this contract. City Attorney Finance Director