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HomeMy WebLinkAboutResolutions - 2018.09.27 - 23788MISCELLANEOUS RESOLUTION #18313 September 6, 2018 BY: Commissioner Philip Weipert, Chairperson, Planning and Building Committee IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF JOINT PROJECT AGREEMENT (JPA) 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 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 cornpetitive 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 Oakland County Board of Commissioners in MR#13013 approved a Memorandum of Agreement to allow the US & FCS and BUSA to use building space in the Annex I Building on the County campus, and the prior year was renewed in MR#18071; and WHEREAS the U.S. Department of Commerce (USDOC) has drafted an agreement, which is attached, to establish a Joint Project Agreement (JPA) to provide for the continued work among Oakland DEDCA, US & FCS, and BUSA and to provide for the continued use of space in the Annex I Building by US&FCS and BUSA; and WHEREAS Oakland County Corporation Counsel and the Department of Facilities Management has reviewed the JPA; and WHEREAS the parties will review this agreement once every year to determine whether it should be revised, renewed, or canceled; 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 JPA provides for the use of approximately 3,707 gross square feet of office space within the Annex I Building, effective lease terms are from when signed by both parties and terminates September, 302019; and WHEREAS attached In Kind Budget (Exhibit A) shows associated costs are essentially equal and 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 ITA 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 website for the duration of the leasehold; and 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 JPA. PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote. ommissioner Philip Weipert, District #8 Chairperson, Planning and Building Committee BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached JPA and all other related documents between the County of Oakland and USDOC, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. AGREEMENT ESTABLISHING A JOINT PROJECT (IPA) BETWEEN THE U.S. & FOREIGN COMMERCIAL SERVICE, GLOBAL MARKETS (GM), INTERNATIONAL TRADE ADMINISTRATION U.S. DEPARTMENT OF COMMERCE AND OAKLAND COUNTY, MICHIGAN DOC Agreement Number: 19 JPA 00 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. 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 all 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 perfolin the following activities and provide the following resources in support of the joint project activity: 1. Assign four (4) 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 Regional Network Director, Great Lakes Region. 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. 2 3. 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. 4. Work with Oakland DEDCA to identify, coordinate and execute trade promotion programs. 5. Participate with 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. 7. 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. 8. Supply the office with the standard US&FCS computer hardware and software packages and general office supplies. 9. Reimburse the County, at its standard rate, for phone services. 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 3,707 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. 9. Provide phone service for the office space, that US&FCS shall reimburse the County for 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 US&FCS' estimated in-kind costs for this project are $120,500. Direct Cost are $4,500 for US&FCS for telephone services. US&FCS total estimated in-kind and direct costs for this project are $125,000. The County's estimated in—kind costs for this project are $120,500. 3 VII. CONTACTS The contacts of each party to this Agreement are: Richard Corson Director Commercial Service, Pontiac 1025 Campus Drive South, Bldg. 47 West Waterford, MI 48328 Phone: 248 975-9606 Email: Richard.Corson(&,trade.gov Timothy Meyer Deputy County Executive 2100 Pontiac Trail Rd. Waterford, MI 48328 Phone : 248 976-9636 Fax : 248 452-9215 Email : meyert@oakgov.com William Holdsworth Director Oakland County Department of Facilities Management One Public Works Drive Waterford, MI 48328 Phone: 248 858-0160 Email: holdswortha@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 teiminate on September 30, 2019, 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 120 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 fiinds and to applicable laws and regulations. 4 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. Dale Tasharski Acting Deputy Director General Global Markets/U.S. & Foreign Commercial Service 1401 Constitution Avenue, NW Washington, DC 20230 Date: Michael J. Gingell Chairperson, Oakland County Board of Commissioners 1200 North Telegraph Road Pontiac, MI 48341 Date: 5 19 WA 00 Exhibit A ESTIMATED BUDGET US&FCS In Kind Salaries (20%) $110,000 Operational Costs $2,000 Travel $3,000 Joint Programming & Trade Events $3,000 Shared Business Assistance Activities & Outreach $2,500 Total $120,500 Direct Costs Telephone Services $4,500 US&FCS Total $125,000 Oakland County In Kind Salaries (20%) Office Space (3,707 S.F.) Operational Costs Joint Programming & Trade Events Shared Business Assistance Activities & Outreach $60,475 $50,000 $2,525 $5,000 $2,500 Oakland County Total $120,500 6 MISCELLANEOUS 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 Business USA (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 1TA 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 vvebsite 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 MOA 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, BusinessU SA) DOC Agreement Number: 1301-12-SA OCE Agreement Number: I. 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 (I) 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). R. AUTHORITIES The US&ECS and BUSA 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&ECS to promote U.S. exports, and protect U.S. business interests abroad; and (3) 15 U.S.C. Section 1512, which authorizes DOC to foster, promote, and develop the foreign and domestic commerce of the United States. HI. 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&FCS's worldwide network of offices, and works to protect U.S. business interests abroad. BUS A 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 DOG 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 THE 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 Comity 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 mud 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&PCS staff. 3. Provide Oakland DEDCA with appropriate market, industry and other international trade data, selected reference materials, publications, and export-related information 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. 2 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. BLTSA agrees to perform the following activities and provide the following resources in support of the joint project activity: I. Pay salary costs, travel expenses, and all other operational costs for official BUSA business incurred by its staff members stationed in Oakland County, ML 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 DOG 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 BusinessUSA.Gov website. 6. Coordinate with US&FCS to supply the office with standard DOG 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, ML 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 DOG policy, 3. faintly 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 $132,400, The County's estimated costs for this project are $137,525. 3 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,corsongArade.gov Cynthia Martin Customer Service Manager, BusinessUSA Phone: 248-975-9697 Fax: 248-975-9802 Email: CSIating@commerceconnect.gov Matthew A. Gibb Deputy County Executive Phone: 248-976-9636 Fax: 248-452-9215 Email: Gibbra(th,oaicgov.com Oakland County Department of Facilities Management Attention: Director One Public Works Drive Waterford, MI 48328 Phone: 248-858-0160 Fax: 248.452.2250 Email: h olds wortha@,oa.kg ov. corn 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 he revised, renewed, or canceled. Further, while this agreement will serve as a two-year umbrella agreement, under this agreement US&PCS 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). LIS&FCS and BUSA will obligate kids 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 terminated, each party shall be solely responsible for the payinent of any expenses it has incurred_ This agreement is subject to the availability of funds. DC. 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 4 appropriate resolution. Under the Inspector General Act of 1978, as amended, 5 USC App. 3, a review of this agreement may be 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. 8z Foreign Commercial Service 14th Street and Constitution Ave, NW Washington, DC 20230 Dennis Alvord Date Executive Director Bus ines sUSA T4 and Constitution Ave., NW Room 2830 Washington, DC 20230 Michael J. Gingen Date Chairperson, Oakland County Board of Commissioners 1200 North Telegraph Road Pontiac, MI 48341 5 Exhibit A: Statement of Budget ESTIMATED EXPENDITURES ASSOCIATED WITH THE DA US&FCS an Kind) Salaries (15%) Office Supplies Travel Expenses Telephones Office Furniture Sc, Equipment US&FCS TOTAL B-USA (In Kind) Salaries (10%) Office Supplies Travel Expenses Telephones Business assistance activities and outreach BUSA TOTAL DOC TOTAL COUNTY (In Kind) 60,000 2,000 5,000 3,600 20,000 $90,600 36,000 1,000 300 2,000 2,500 $41,800 $132,400 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 6 Resolution #131013 January 23, 2013 The Chairperson referred the resolution to the Finance Committee. There were no objections. $ 40,808 $_ 40,608 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 (Mak) WITH THE U.S. DEPARTMENT OF COMMERCE (LISDOC) 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/1T 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 Revenues: 1040702-140010-635017 Ext. Agencies Rev 1040702-140010-631386 Office Space Rental GFGP Total Revenues General Fund #10100 Revenues: 9010101-196030-665882 Planned Use of Fund Bal Total Revenues FY 2013 ($40,608) 40,608 $ 0 $ 40,608 $ 40 608 Expenditures 1090201-171000-770631 Bldg Space Cost Aloe. Total Expenditures 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, Bosnlc, Crawford. (1g) 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. ,ersof Lisa Brown, Oakland County Resolution #18313 September 5, 2018 The Chairperson referred the resolution to the Finance Committee, There were no objections. FISCAL NOTE (MISC. #18313) September 27, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF JOINT PROJECT AGREEMENT (JPA) 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 Joint Project Agreement (JPA) 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 JPA 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 at no charge to the U.S. Department of Commerce. 3. The JPA lease term will become effective when signed by both parties and will terminate September 30, 2019, and may be amended at any time by written agreement of the parties. 4. Under terms of this Agreement, US&FCS and BUSA will provide its own furniture, computers, and office equipment and reimburse the County for telephone service. 5. Oakland County will provide janitorial service, general building maintenance, security, grounds work, parking, and utilities except for network/IT services. 6. The parties to the Agreement will review the JPA at least once every year to determine whether the agreement should be revised, renewed, or canceled. 7. Annual In-kind costs for the Agreement are estimated at $125,000 for the U.S. Department of Commerce and $120,600 for Oakland County as noted in Exhibit A of the agreement. 8. No budget amendment is required as the costs are already reflected in the FY 2019 — FY 2021 budget under both Planning and Economic Development Administration and Facilities Maintenance & Operations. ommissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Kowall absent. Resolution #18313 September 27, 2018 Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). HEPIEFIYAPPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (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 September 27, 2018, 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 27th day of September, 2018. Lisa Brown, Oakland County