HomeMy WebLinkAboutResolutions - 2013.02.07 - 20704MISCELLANEOUS RESOLUTION #13013 January 23, 2013
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF
MEMORANDUM OF AGREEMENT (MOA) 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 Pontiac 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 U.S. Department of Commerce (USDOC) has drafted the Memorandum
of Agreement (MOA) attached and Oakland County Corporation Counsel and the Department of
Facilities Management has reviewed the MOA; and
WHEREAS the parties will review this agreement at least once every two (2) years to
determine whether it should be revised, renewed, or canceled; and
WHEREAS the MOA will become effective when signed by all parties, will terminate at
the end of two (2) years, 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 MOA provides for the use of approximately 3,707 gross square feet of
office space within the Annex I building from January, 2013 through January, 2014 at a rate of $-
0- per square foot; and
WHEREAS in exchange for the County providing the building space at a rate of $-0- 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
!TA 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
webs ite
for the duration of the leasehold; and
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward absent.
WHEREAS any party may terminate this agreement by providing 120 days written notice
to the other parties.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves and authorizes the attached MOA.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
directs its Chairperson or his designee to execute the attached 11/10A and all other related
documents between the County of Oakland and USDOC, which may be required,
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
terminates the existing lease between the County and USDOC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
MEMORANDUM OF AGREEMENT
ESTABLISHING A
JOINT PROJECT
BETWEEN
OAKLAND COUNTY, MICHIGAN
AND
U.S. DEPARTMENT OF COMMERCE
Through its Bureaus:
International Trade Administration
(U.S. and Foreign Commercial Service, Pontiac U.S. Export Assistance Center)
and
Office of the Secretary, U.S. Department of Commerce
(Office of the Chief Financial Officer/Assistant Secretary for Administration, BusinessUSA)
DOC Agreement Number: 1301-12-SA
OCE Agreement Number:
PARTIES
This document constitutes an agreement between the County of Oakland (County), through its Department of
Economic Development and Community Affairs (Oakland DEDCA) and the U.S. Department of Commerce (DOC)
through its bureaus (1) the International Trade Administration, U.S. and Foreign Commercial Service (hereinafter
US&FCS) and (2) the U.S. Department of Commerce's Office of the Secretary, Office of the Chief Financial
Officer/Assistant Secretary for Administration, BusinessUSA (hereinafter BUSA), (collectively, the parties).
AUTHORITIES
The US&FCS and B USA have authority to participate in business development and export promotion
projects/activities with the County under:
15 U.S.C. Section 1525, the Department's Joint Project Authority, which provides that the
Department may enter into joint projects with nonprofit, research, or public organizations on
matters of mutual interest, the cost of which is equitably apportioned;
(2) 15 U.S.C. Section 4721, which authorizes US&FCS to promote U.S. exports, and protect U.S.
business interests abroad; and
15 U.S.C. Section 1512, which authorizes DOC to foster, promote, and develop the foreign and
domestic commerce of the United States.
(1 )
(3)
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III. PURPOSE
Pursuant to this agreement, the parties will work together to promote exports and business growth from Oakland
County. To this end, the parties will establish an office for US&FCS services, information and counseling.
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.
The Pontiac U.S. Export Assistance Center (USEAC) promotes exports of U.S. goods and services through
US&ECS's worldwide network of offices, and works to protect U.S. business interests abroad.
BUSA supports innovation and entrepreneurship in die U.S. business community, in order to enhance U.S.
economic resiliency, assist U.S. job creation and help American firms transform themselves into globally
competitive enterprises. BUSA is designed to make it easier for businesses to access the full range of Government
programs and services. BUSA works across the DOC bureaus to promote their respective programs.
This project is necessary and essential to further the mission of DOC as identified in 15 U.S.C. Section 4721 and
Section 1512, in that it will:
e 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 and other DOC resources 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.
• Because of the parties' coordination and collaboration, increase Oakland County companies' use of
businessusa,gov, which provides one-stop electronic access to federal, state, local and non-profit business
assistance resources.
The US&FCS and BUSA have 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.
IV. MUTUAL INTEREST OF TITE PARTIES
This project is of mutual interest to the parties because US&FCS, BUSA, and the County 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 DOC export programs at one location and to technology that facilitates relationships
between local businesses and resources available outside of their immediate area. US&FCS, BUSA, and the County
agree that this project furthers their mutual interest in promoting international and domestic 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:
I. Staff the office with US&FCS trade specialists to work with Oakland DEDCA and Oakland County
businesses to provide market information and counseling. 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 in fotmation as consistent with ITA and DOC policy.
4. Work with Oakland DEDCA to identify, coordinate, and execute trade promotion programs.
5. Participate with BUSA and 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 and BUSA.
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7. Participate in regularly scheduled meetings with Oakland DEDCA and BUSA to discuss DOC services and
market information pertinent to expanding exports and assisting Oakland County businesses and
entrepreneurs.
8. Coordinate with BUSA to supply the office with the standard DOC computer hardware and software
packages and general office supplies.
9. Reimburse the County, at its standard rate, for phone service.
10. Provide and pay for Internet access and usage.
B. BUSA agrees to perform the following activities and provide the following resources in support of the joint
project activity:
1. Pay salary costs, travel expenses, and all other operational costs for official BUSA business incurred by its
staff members stationed in Oakland County, MI.
2. Jointly host business seminars and workshops with Oakland DEDCA and US&FCS.
3. Participate in regularly scheduled meetings with Oakland DEDCA and US&FCS to discuss DOC services
and market information pertinent to expanding exports and assisting Oakland County businesses and
entrepreneurs.
4. Participate with US&FCS and Oakland DEDCA in events sponsored by business incubators and economic
development organizations located in the county that promote small businesses and exporters.
5. Promote Oakland DEDCA's business programs, services and events, as appropriate, on the
BusinessUS.A.Gov website.
6. Coordinate with US&FCS to supply the office with standard DOC computer hardware and software
packages and general office supplies.
7. Reimburse the County, at its standard rate, for phone service.
C. The County agrees to perform the following activities and provide the following resources in support of the
joint project activity:
1. Provide use of 3,707 square feet of office space located at 1025 S Campus Dr, Annex 1, Building 47
West, Waterford, MI.
2. Coordinate and promote business assistance activities, programs, trade events and initiatives undertaken
with US&FCS and BUSA, as appropriate and consistent with ITA and DOC policy.
3. Jointly host business seminars and workshops with US&FCS and BUSA.
4. Participate in regularly scheduled meetings with US&FCS and BUSA to discuss DOC services and market
information pertinent to expanding exports and assisting Oakland County businesses and entrepreneurs.
5. Participate with US&FCS and BUSA in events sponsored by business incubators and economic
development organizations located in the county that promote small businesses 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 DOC staff and visitors.
8. Provide and pay for all utilities for the office space.
9. Provide phone service for the office space, except that US&FCS and BUSA separately shall reimburse
the County for the phone service 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 DOC's estimated costs for this project are 5132,400. The County's estimated costs for this project are
$137,525.
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VII. CONTACTS
The contacts of each party to this agreement are:
Richard Corson
Director, Pontiac U.S. Export Assistance Center
Phone: 248-975-9604
Fax: 248-975-9606
Email: Richard.corsonCiArade.gov
Cynthia Martin
Customer Service Manager, BusinessUSA
Phone: 248-975-9697
Fax: 248-975-9802
Email: CSlatingCa),commerceconnect.gov
Matthew A. Gibb
Deputy County Executive
Phone: 248-976-9636
Fax: 248-452-9215
Gibbm()oakgov.com
Oakland County Department of Facilities Management
Attention: Director
One Public Works Drive
Waterford, MI 48328
Phone: 248-858-0160
Fax: 248.4 52.2250
Email: holdsworthagoakgov.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 the change.
VIII. PERIOD OF AGREEMENT AND MODIFICATION/TERMINATION
This agreement will become effective when signed by all parties. The agreement will terminate at the end of two (2)
years but may be amended at any time by written agreement of the parties. The parties will review this agreement at
least once every two (2) years to determine whether it should be revised, renewed, or canceled.
Further, while this agreement will serve as a two-year umbrella agreement, under this agreement US&FCS and
BUSA will obligate funds to cover phone charges only for Fiscal Year 2013 (from the effective date of the
agreement through September 30, 2013). US&FCS and BUSA will obligate funds for future fiscal years pursuant to
yearly amendments to this agreement, subject to the availability funds. Each amendment obligating funds for phone
expenses will include estimated costs for the current year's phone charges and a revised Statement of Budget.
Any party may terminate this agreement by providing 120 days written notice to the other party.. In the event this
agreement is teiminated, each party shall be solely responsible for the payment of any expenses it has incurred. This
agreement is subject to the availability of funds.
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
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appropriate resolution.
Under the Inspector General Act of 1978, as amended, 5 USC App. 3, a review of this agreement may he
conducted at any time. The Inspector General of the Department of Commerce, or any of his or her duly
authorized representatives, shall have access to any pertinent books, documents, papers and records of the parties
to this agreement, whether written, printed, recorded, produced, or reproduced by any mechanical, magnetic or
other process or medium, in order to make audits, inspections, excerpts, transcripts, or other examinations as
authorized by law.
X. SIGNATURES
This agreement is approved on behalf of the parties by:
Charles Ford Date
Acting Assistant Secretary for Trade Promotion and Director General
Of the U.S. & Foreign Commercial Service
le Street and Constitution Ave. NW
Washington, DC 20230
Dennis Alvord
Executive Director
BusinessUSA
14th and Constitution Ave., NW
Room 2830
Washington, DC 20230
Michael J. Gingell Date
Chairperson, Oakland County Board of Commissioners
1200 North Telegraph Road
Pontiac, MI 48341
Date
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Exhibit A: Statement of Budget
ESTIMATED EXPENDITURES ASSOCIATED
US&FCS (In Kind)
THE ,IPA
Salaries (15%) 60,000
Office Supplies 2,000
Travel Expenses 5,000
Telephones 3,600
Office Furniture & Equipment 20,000
US&FCS TOTAL $90,600
BUSA (In Kind)
Salaries (10%) 36,000
Office Supplies 1,000
Travel Expenses 300
Telephones 2,000
Business assistance activities and outreach 2,500
BUSA TOTAL $41,800
DOC TOTAL $132,900
COUNTY (In Kind)
Salaries (15%) 75,000
Office Space (3707 s.f.) 60,000
Utilities 600
Parking Space 200
Security 500
Custodian Services 1,225
COUNTY TOTAL $137,525
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Resolution #13013 January 23, 2013
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #13013) February 7, 2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF
MEMORANDUM OF AGREEMENT (MOA) 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 Memorandum of Agreement (MOA)
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 MOA 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 2013 through January 2014 at no charge to the U.S.
Department of Commerce.
3. Under terms of the 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 MOA at least once every two years
to determine whether the agreement should be revised, renewed, or canceled.
6. Annual In-kind costs for the Agreement are estimated at $132,400 for the U.S.
Department of Commerce and $137,525 for Oakland County as noted in Exhibit
A of the agreement.
7. A FY 2013 budget amendment is recommended to adjust lease revenue and
building space charges for January 2013 through September 2013:
Facilities Maint & Operations #63100 FY 2013
Revenues:
1040702-140010-635017 Ext. Agencies Rev ($40,608)
1040702-140010-631386 Office Space Rental GFGP 40,608
Total Revenues $ 0
General Fund #10100
Revenues:
9010101-196030-665882 Planned Use of Fund Bal
Total Revenues
Expenditures
1090201-171000-770631 Bldg Space Cost Ailoc.
Total Expenditures
$ 40,608
40,608
$ 40,608
$ 40,608
FtN E
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A
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long and Quarles absent.
Resolution #13013 February 7,2013
Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted.
AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
I HEREBY APPROVE THE FOREGOING RESOLUTION
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 February 7,
2013, 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 7th day of February, 2013.
Lisa Brown, Oakland County