HomeMy WebLinkAboutResolutions - 2017.05.10 - 22900missioner Philip Weipert, District #8
person, Planning and Building Committee
MISCELLANEOUS RESOLUTION #17091 March 26, 2017
BY: Commissioner Philip Weipert, Chairperson, Planning and Building Committee
IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - RESOLUTION APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF OAKLAND AND THE
OAKLAND COUNTY BUSINESS FINANCE CORPORATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Oakland County Business Finance Corporation ("BFC") are
parties to a certain Memorandum of Understanding dated as of September 1, 1988, pursuant to which the
County contributes full-time professional management and provides other valuable services and facilities
to the BFC in recognition of the BFC's valuable service to the County and the business community within
the County by providing small business loans under the U.S. Small Business Administration's 504 Loan
Program; and
WHEREAS, the U.S. Small Business Administration has required the BFC to enter into a new
Memorandum of Understanding (attached) with the County in order to incorporate certain provisions of a
''professional services contract" pursuant to 13 CFR §120.824; and
WHEREAS, the Board of Trustees of the BFC has approved a resolution (attached) adopting the new
Memorandum of Understanding, for a term of five (5) years from the date of approval, and authorizing the
chairperson of the BFC to execute the new Memorandum of Understanding on behalf of the BFC; and
WHEREAS, Oakland County Corporation Counsel has reviewed and approved the attached
Memorandum of Understanding;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
approve the attached Memorandum of Understanding to be entered into between the County and the
BFC for a period of five (5) years from the date of approval.
BE IT FURTHER RESOLVED that the Chairperson, Vice Chairperson, or any other officer of the Oakland
County Board of Commissioners is hereby authorized to execute the new Memorandum of Understanding
on behalf of the Oakland County Board of Commissioners.
Chairperson, on behalf of the Planning & Building Comyfiittee t, I move the adoption/a the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote.
RESOLUTION OF THE BOARD OF TRUSTEES OF
OAKLAND COUNTY BUSINESS FINANCE CORPORATION
APPROVING MEMORANDUM OF UNDERSTANDING
WHEREAS, Oakland County Business Finance Corporation (the "Corporation")
and the County of Oakland (the "County") are parties to a certain Memorandum of
Understanding dated as of September 1, 1988, pursuant to which the County, contributes full-
time professional management and provides other valuable services and facilities to the
Corporation in recognition of the Corporation's .valuable service to the County and the
business community within the County; and
WHEREAS, the Board of Trustees of the Corporation has determined that it is
in the best interests of the Corporation to continue the Corporation's relationship with the
County in order to continue to provide SBA 504 loans to borrowers in the most cost-effective
manner possible and thus assist in the achievement of the County's economic development
goals, including increased employment and tax base; and
WHEREAS, the U.S. Small Business Administration (the "SBA") has required
the Corporation to enter into a new Memorandum of Understanding with the County in order to
incorporate certain provisions of a "professional services contract" 'pursuant to 13 CFR
§120.824; and
WHEREAS, the SBA has reviewed the Memorandum of Understanding attached
to these By-Laws as Exhibit A, and has determined that the attached Memorandum of
Understanding includes the pertinent provisions of a "professional services contract" pursuant
to 13 CFR §120.824; and
WHEREAS, the SBA requires that the Corporation's Board of Trustees approve
the Memorandum of Understanding pursuant to a resolution containing certain statements
mandated by the SBA; and
WHEREAS, after discussion and due consideration, and upon motion duly made
and seconded, the Board of Trustees of the Corporation hereby adopts the resolutions set forth
herein;
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of
Trustees does hereby approve and adopt the attached Memorandum of Understanding (a copy
of which the Secretary is instructed to file with this Resolution), for a term of five (5) years,
subject only to final approval of the SBA and subsequent execution of the Memorandum of
Understanding by the Corporation; and
BE IT HEREBY FURTHER RESOLVED, that the Board of Trustees further
states and provides as follows:
i.) That the Board of Trustees retains and exercises all corporate powers and
authority and is responsibility for all corporate actions and business of the
Corporation, as required in 13 CFR §120.823;
ii.) That the Board of Trustees has determined that, based on the long-standing
000131944\002412261135-v3
arrangement between the County and the Corporation under the original
Memorandum of Understanding and in light of the unique relationship between
the County and the Corporation, the compensation paid to the County pursuant
to the attached Memorandum of Understanding is reasonable and customary for
similar services in the area and is actually less than the Corporation would
likely otherwise be required to pay to outside contractors;
iii.) That the Board of Trustees shall at all times retain sole authority and
responsibility for all SBA 504 loan approvals and SBA 504 loan servicing
actions, and that such responsibility shall continue to be carried out
independently of any control by the County;
iv.) That the Memorandum of Understanding is in compliance with 13 CFR
§§120.824 and 120.825 and applicable SBA 504 Loan Program Requirements;
v.) That the Board of Trustees understands that the Memorandum of Understanding
is subject to pre-approval and yearly review by the SBA; and
vi.) That the Board of Trustees understands that the Corporation is required to
submit the Memorandum of Understanding with the Corporation's Annual
Report and does not constitute a request for pre-approval.
BE IT HEREBY FURTHER RESOLVED, that the Chairperson, Vice
Chairperson, or any other officer of the Corporation is hereby authorized to execute the
. Memorandum of Understanding on behalf of the Corporation.
CERTIFICATE OF SECRETARY
The undersigned certifies that she is the duly elected and acting Secretary of Oakland County
Business Finance Corporation (the "Corporation"), and that the foregoing Resolutions were duly adopted
and ratified at a reefing of the Board of Trustees of the Corporation, duly noticed, called, held and
attended on „ 2017, at the Corporation's registered offices.
'44(1 ??/
Mary Langhauser, Secretary
000131944 10024\2261135-v3
Resolution #17091 April 26, 2017
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC #17091) May 10, 2017
BY: Commissioner, Thomas Middleton, Chairperson, Finance Committee
IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS — RESOLUTION APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND
COUNTY BUSINESS FINANCE COPORATION
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. Resolution authorizes the execution of the new Memorandum of Understanding which amends
and restates the terms of the Original Agreement dated September 1, 1988.
2. The contract period is for five (5) years from the date of approval: commencing on the effective
date and continuing for a period of five (5) years thereafter.
3. Sufficient funds are available in the FY 2017 — FY 2019 Budgets. No budget amendment is
recommended.
Ccimmissioner ThoMas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #17091 May 10, 2017
Moved by Hoffman supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Bowman,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Amended
Consent Agenda were adopted (with accompanying reports being accepted).
311 g (
1 WASP( APPROVE THIS I:1E800_1-110N
CHIEF DEPUTY COUNTY EXECUmii,
ACTING PURSUANT TO ML 45660A (7)
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 May 10, 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 10th day of May, 2017.
Lisa Brown, Oakland County