HomeMy WebLinkAboutResolutions - 2022.04.14 - 35435BOARD OF COMMISSIONERS
April 14, 2022
MISCELLANEOUS RESOLUTION #22-108
Sponsored By: William Miller III
Economic Development - Resolution Approving the Memorandum of Understanding Between the County
of Oakland and the Oakland County Business Finance Corporation
Chairperson and Members of the Board:
WHEREAS the County of Oakland and the Oakland County Business Finance Corporation ("BFC") are parties
to a certain Memorandum of Understanding dated as of May 10, 2017 (which amended and restated a prior
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 Memorandum of Understanding expires by its terms on May 10, 2022; 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 extend the term and to incorporate certain provisions
which are necessary to address recent changes in applicable federal law governing the U.S. Small Business
Administration's 504 Loan Program; and
WHEREAS the Board of Trustees of the BFC has approved a resolution (attached) adopting the new
Memorandum of Understanding, for an initial five (5) years from the date of approval and successive five (5)
year renewals until terminated by either party, 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 an
initial five (5) years from the date of approval and successive five (5) year renewals until terminated by either
party.
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, the following Commissioners are sponsoring the foregoing Resolution: William Miller III.
Qj�d Date: April 14, 2022
David Woodward, Commissioner
��j�au r^^`" Date: April 22, 2022
Hilarie Chambers, Deputy County Executive II
&�� Date: April 25, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-04-06 Economic Development & Infrastructure - Recommend to Board
2022-04-14 Full Board
VOTE TRACKING
Motioned by Commissioner Gwen Markham seconded by Commissioner Penny Luebs to adopt the attached
Resolution: Approving the Memorandum of Understanding Between the County of Oakland and the Oakland
County Business Finance Corporation.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert
Hoffman, Adam Kochenderfer (20)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. 2022MOU to BOC EDI April
2. 2017 MOU BOC approval
3. 2017 MOU
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 April 14, 2022, 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 Circuit Court at Pontiac,
Michigan on Thursday, April 14, 2022.
i
Lisa Brown, Oakland County Clerk/Register of Deeds
Iu1010 03 ty1►`I1100 00 a a0317 Do My 11_1►1 /7:1►[!
This Memorandum of Understanding (this "Memorandum") is entered into as of
, 2022 (the "Effective Date"), by and between OAKLAND COUNTY BUSINESS
FINANCE CORPORATION, a Michigan nonprofit corporation (the "BFC") and the COUNTY
OF OAKLAND (the "County"), and is based upon the following:
RECITALS:
A. The BFC is a Certified Development Company within the meaning of 13 CFR § 120.10
(61 FR 3235, Jan. 31, 1996, as amended at 64 FR 2117, Jan. 13, 1999; 68 FR 57980, Oct. 7, 2003; 72
FR 18360, Apr. 12, 2007; 73 FR 75510, Dec. 11, 2008; 76 FR 63545, Oct. 12, 2011; 85 FR 7647, Feb.
10, 2020; 85 FR 14780, Mar. 16, 2020; 85 FR 80588, Dec. 14, 2020), and, in pursuance of its
corporate purposes and objectives, has initiated, processed, closed and serviced, and is continuing to
initiate, process, close and service economic development loans to certain qualified small businesses
operating in the State of Michigan.
B. Pursuant to 13 CFR §120.824, which governs the management of a Certified
Development Company providing loans under the Small Business Administration's 504 Loan
Program, the BFC is required to have full-time professional management, including an executive
director (or equivalent) managing its daily operations, which management may be contributed by
another non-profit entity that has economic development as one of its principal activities.
C. The purposes and objectives of the BFC and their implementation are in the best
interests of the County and assist in the achievement of the County's economic development goals,
including increased employment and tax base.
D. The County has provided and continues to provide 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.
E. The BFC and the County are currently operating under the terms of a Memorandum of
Understanding dated as of May 10, 2017 (the "Prior Agreement") which expires by its terms on May
10, 2022, and the BFC and the County have determined that it is in their respective best interests to
amend and restate the terms of the Prior Agreement so as (i) to reflect their mutual understandings
regarding the continued provision of services and facilities by the County to the BFC and the BFC's
payment of compensation to the County therefore, and (ii) to incorporate certain updated requirements
of the Small Business Administration relating to the County's contribution of the management of the
BFC.
NOW, THEREFORE, in consideration for the agreements set forth in this Memorandum,
the parties hereto agree as follows:
1. Contribution of Manager. The County agrees to continue to contribute the County's
Administrator of Financial Services (or such other person as the County may deem appropriate from time
to time who meets the certification requirements of the U.S. Small Business Administration) to serve as
the BFC's manager/executive director. The BFC's manager/executive director shall at all times remain
an employee of the County, governed and bound by a uniforni merit system of rules established by the
County. Notwithstanding the foregoing, the County acknowledges and agrees that the Board of Trustees
of the BFC shall at all times retain the authority to remove or prohibit the manager/executive director
000 1 31944\0024\3228473.v4
from providing services to or on behalf of the BFC, regardless of the employment status of such
individual by the County.
2. Provision of Additional Personnel and Services. The County agrees to continue to
provide County personnel (other than that of the Administrator of Financial Services) to fill the positions
of the BFC identified on the attached Exhibit A to assist with the daily operations of the BFC, and to
provide such facilities as are reasonably necessary for the BFC to conduct its operations. The personnel
provided to the BFC by the County shall at all times remain employees of the County, governed and
bound by a uniform merit system of rules established by the County. Notwithstanding the foregoing, the
County acknowledges and agrees that the Board of Trustees of the BFC shall at all times retain the
authority to remove or prohibit any such personnel provided to the BFC by the County from providing
services to or on behalf of the BFC, regardless of the employment status of such individual by the
County.
3. Reimbursement of Additional Personnel. As consideration for the County's agreement to
provide personnel to the BFC in addition to the contribution of the Administrator of Financial Services, as
set forth in Paragraph 2 of this Memorandum or as may hereafter be more specifically delineated by the
County and agreed to by the BFC, the BFC (and no other person or entity) shall continue to fully
reimburse the County, to the extent permitted by law, for the County's payment of the salaries, including
benefits, of all personnel identified on Exhibit A, which amounts shall be paid to the County promptly
following completion of each periodic pay cycle of the County, it being understood and agreed that all
such personnel are compensated directly by the County separate and apart from the payments made by the
BFC hereunder.
4. Overhead Fee. In addition to the BFC's reimbursement to the County in accordance with
paragraph 3, above, the BFC shall also pay to the County, in consideration of the County's provision of
services and facilities to the BFC, an annual overhead fee of Forty Thousand and 00/100ths Dollars
($40,000.00), which fee shall be paid to the County promptly following the close of the BFC's fiscal year.
5. SBA Regulations. The BFC and the County acknowledge and understand that the BFC is
required to comply with certain rules and regulations of the SBA which are intended to ensure, among
other things, that the BFC, as a Certified Development Company providing loans under the SBA 504
Loan Program, is an independent entity exercising its own discretion in connection with the SBA 504
Loan Program. In furtherance of such understanding, the BFC and the County acknowledge and agree as
follows:
a. That the BFC's Board of Trustees shall at all times retain sole authority and
responsibility for the operations of the BFC;
b, That the BFC's Board of Trustees shalt 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;
C. That no personnel provided to the BFC by the County pursuant to Paragraph 2,
above, may be a voting or non -voting member of the BFC's Board of Trustees;
d. That the County is prohibited from requiring an SBA 504 loan applicant or
borrower to purchase other services from the County as a condition of any County personnel
performing BFC staff or management functions;
e. That all compensation required to be paid to the County hereunder shall be paid
000131944\0024\3228473.v4
solely from the BFC's processing and servicing fees and all other sources of revenue of the BFC,
and that the County shall not charge any other person or entity, including an SBA 504 loan
applicant or borrower, for the same services;
f. That the BFC shall not be permitted to pay, and the County shall not be permitted
to accept, any additional compensation from the BFC's fee income, including, without limitation,
multipliers or bonuses;
g. That contract payments for professional services should not exceed seventy-five
percent (75%) of the BFC's 504 loan processing and servicing fee income;
h. That the BFC's Board of Trustees, the BFC's manager/executive director and all
personnel provided to the BFC by the County shall at all times be required to comply with and
abide by the BFC's policy regarding "conflicts of interest", as the same may be amended from
time to time, and all applicable laws and regulations governing confidentiality; and
i. That the BFC shall conduct a character determination on each individual
performing services for or on behalf of the BFC, which determination shall be made in
accordance with Part 1, Section B, Ch. 1, Para. B., Form 1081 CDC Character Determinations, of
the SBA's Standard Operating Procedure as then in effect.
6. Insurance. The BFC further agrees to continue to maintain Directors' and Officers'
Liability and Errors and Omissions insurance in amounts established by the SBA from time to time, based
on the size of the BFC's portfolio and other relevant factors.
7. Indemnity. In recognition of the fact that the Board of Trustees of the BFC renders
significant and valuable services which are directly and indirectly beneficial to the County, the County
indemnifies and holds harmless such Board of Trustees, including the individual members thereof, from
and against any liability arising from the negligent errors and omissions of the BFC and its Board of
Trustees in the fulfillment of the terms of this Memorandum, which indemnification shall be pursuant to,
and strictly in accordance with, the County's Defense and Indemnification Policy as then in effect.
8. Period of Agreement. The understandings of the parties hereto shall commence on the
Effective Date and continue in full force and effect for a period of five (5) years thereafter (the "Term"),
The Term shall thereafter automatically renew for successive five (5) year periods unless either party
delivers written notice of non -renewal to the other party at least six (6) months prior to expiration of the
then -current Term. Notwithstanding the foregoing, either party may terminate this Memorandum, at any
time during the Term without penalty and with or without cause, by providing at least sixty (60) days'
prior written notice of such termination to the other party, in which event the understandings of the parties
hereto shall terminate and be of no further force or effect from and after the date set forth in such written
notice. Neither party shall have any further liability to the other following the termination of this
Memorandum, except for any accrued but unpaid amounts owing under this Memorandum as of the
effective date of such termination.
9. Notices. All notices or other communications pursuant to this Memorandum shall be
sufficiently given and shall be deemed given when delivered by hand or on the second day following the
day on which the same have been mailed by certified mail, postage prepaid, addressed as follows: if to
the BFC, at 2100 Pontiac Lake Road, Waterford, Michigan 48328, Attention: Chairperson; and if to the
County, at 2100 Pontiac Lake Road, Waterford, Michigan 48328, Attention: Director of Economic
Development and Community Affairs. The parties may, by notice given hereunder, designate any further
or different addresses to which subsequent notices or communications shall be sent.
000 13 1944\0024\3228473.v4 3
10. Confidentiality. All notes, correspondence, entity documentation, financial information,
credit memoranda, loan authorizations, drafts, photographs, papers, documents and records as defined in
their broadest sense (collectively "Records") which BFC allows any of the County's personnel to review
and/or otherwise inspect or utilize in connection with this Memorandum shall be considered confidential.
The County agrees, represents, and warrants that its personnel will only use the Records in performing the
functions of and duties as set forth herein and/or otherwise in relation to his/her association with the BFC.
The County shall not appropriate or otherwise use any of the Records and/or any information contained in
any of the Records provided by the BFC for any purpose other than as set forth herein. This prohibition
applies to, without limitation, appropriating, or disclosing, names of the BFC's customers, trade secrets,
vendor names, financial information, and personal information. The BFC agrees not to disclose to any
third party (other than those parties specifically related to assignments to be performed under this
Memorandum) the name, address, or telephone number of any of the County's personnel without the
County's or such personnel's prior approval. The BFC agrees not to disclose to any party other than SBA,
the terms of compensation paid to the County personnel pursuant to this Memorandum.
The BFC and County have taken all actions and secured all approvals necessary to authorize and
complete this Memorandum, The persons signing this Memorandum on behalf of each party have legal
authority to sign this Memorandum and bind the parties to the terms and conditions contained herein.
[signatures appear on following page]
000131944\0024\3228473,v4
Signature Page to
Memorandum of Understanding
IN WITNESS WHEREOF, Stephen J. Ball, Chairperson, Oakland County Business Finance
Corporation, hereby acknowledges that he has been authorized by a resolution of the Oakland County
Business Finance Corporation, a certified copy of which is attached, to execute this Memorandum on
behalf of the Oakland County Business Finance Corporation and hereby accepts and binds the Oakland
County Business Finance Corporation to the terms and conditions of this Memorandum.
WITNESS:
L-A
Catherine Rasegan, Secretary
Oakland County Business
Finance Corporation
Date:
OAKLAND COUNTY BUSINESS
FINANCE CORPORATION
By:
Stephen J. Ball
Its: Chairperson
Date:
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County
Board of Corrunissioners, a certified copy of which is attached, to execute this Memorandum on behalf of
the Oakland County, and hereby accepts and binds the Oakland County to the teens and conditions of this
Memorandum.
WITNESS:
L-A
Date:
OAKLAND COUNTY BOARD
OF COMMISSIONERS
By:
David T. Woodward
Its: Chairperson
Date:
000131944\0024\3228473.v4
EXHIBIT A
Description of Personnel Provided by County as of Fiscal Year 2022
Position* Brief Description of Services Provided by County Personnel Salary Gradet
Loan and Finance Markets, intakes and underwrites the SBA 504 loan applications. The Loan Officer meets 12
Officer directly with the business applicant and interfaces with the participating financial institution
throughout the application and funding process. The Loan Officer presents the loan to the
BFC loan review committee for initial approval and then submits the application to the SBA
for Authorization. The Loan Officer is also required to assist in some aspects of loan
servicing such as loan grading and site visits.
Loan Closer Works with legal counsel to prepare loan closing packages and coordinate the closing
process for submittal and approval to the SBA, contacts and visits clients to obtain
necessary documentation and verify project expenses, analyzes documentation foi
compliance with SBA regulations, maintains working relationship with clients, bankers,
accountants, community representatives.
Loan Coordinator Compiles and prepares loan application and closing packages for submittal and approval to 10
SBA, analyzes application and closing documentation for compliance with SBA
regulations, analyzes financial spreadsheets and performs financial analysis associated with
application processing, closing and debenture sale of SBA 504 loans, meets with clients and
various professionals regarding all aspects of SBA 504 loan process, facilitates coordination
of the project documentation flow, assuring deadlines are met, filings complete and
customers satisfied.
Portfolio Oversees the BFC's SBA 504 loan portfolio. Creates and maintains loan servicing files, 10
Coordinator monitors all monthly payments, annual financial statements, credit reports, insurance
coverage, UCC filings and job creation confirmation. Prepares loan -servicing documents
for review and approval by SBA, analyzes documentation for compliance with SBA
regulations. Interfaces directly with borrowers, bankers, SBA professionals, legal counsel
and the Board of Trustees.
Senior Business Markets, intakes and underwrites the SBA 504 loan applications. The Senior Loan Officer EXDA
Development meets directly with the business applicant and interfaces with the participating financial (see attached
Representative institution throughout the application and funding process. The Senior Loan Officer for hourly rate)
(a/k/a Senior presents the loan to the BFC loan review committee or Board of Trustees for initial
Loan and Finance approval and then submits the application to the SBA for Authorization. The Senior Loan
Officer) Officer is also required to assist in some aspects of loan servicing such as loan grading and
site visits. The Senior Loan Officer is also responsible for assisting in complex servicing
actions that may require detailed financial analysis.
'Positions identified in this Exhibit A are current as of FY2022, and are subject to change from time to time by, and at the sole
discretion of, the County.
'Salary grades for each position are set forth on the attached Exhibit A-1; salary grade information is current as of FY2022, and is
subject to annual increases pursuant to the County's uniform merit -based system of compensation, as they same may change from
time to time by, and at the sole discretion of, the County.
000 1 31944\0024\3228473.v4
EXHIBIT A-1
[see attached]
000131944\0024\3228473.v4
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Organizations 1090305 Business Development/Financial Services (Catherine Rasegan (17863))
Include Subordinate Organizations No
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on the new tables view
3 hems
J = Dun t."
Employee ID
Employee
Most Recent
Position
Compensation Package
compensation
Grade
Hire Date
25405
Aubrey Cadieux (25405)
12/18/2010
P00010724 Loan Coordinator-
' General Compensation
UNI/117
UNI - Aubrey Cadieux
Package
(25405)
23833
Kevin Congdon (23833)
11/05/2008
P00006628 Business
General Compensation
UNI/123
Development Representative
Package
Senior ^ Kevin Congdon
(23833)
24740
William Zaglanlczny
OB/22/2011
P00008044 Business
General Compensation
UNI/120
(24740)
Development Representative-
Package
William Zaglanlczny,
(24740)
..
Full Time Salary Schedules - HCNI -CR
Compensation Step Job Salary I
p
Classification Comments Exem ttNon-Exempf
Step I Hourly I Bi -Weekly I Annual I Profile Plan
Budding Safety Shift Leader-UNI $3,500 bonus paid to
eligible employees
Business Analyst-021
Business Analyst UNI
Business Development
Coordinator-UNI
Business Development
Representative Senior-UNI
72
19.8506
1,588.05
41.289
84
20.6201
1,649.61
42,890
01
22-7384
1,819,07
47,296 J000442
UNI/115 Non -Exempt
12
23.8423
1,907.38
. 49,592
24
24.9460 _-
_1,995.68
51,888 _ _
-
36
26.0499
2,083.99
54,184
48
27.1536
2,172.29
56,480
60_
28,2575_
2,260-60
58,776
72
29.3613_
2,348.90
_ 61,071
_
_ 84
_ 30.4651
2,437.21
63,367
01 - _..
.21.Tb23
- 1,740.98
45,265 J001246
021/P _Non -Exempt_ _
12
22.8505
1,828.04
47,529
24
23.9930
1,919.44
49,905
36
25.1925
2,015A0
52,400
48
_ 26A524
2,116.19_
55,021_-
60
27,7749
2,221.99
57,772
72
29A573
2,332.58
60,647
01
21.6556
1,732A5
45,044 J000072
UNI/114 Non -Exempt
12
22.7068
1,816,54
47,230
24
23.7584
1,900.67
49,417
36
24.8094
1,984.75
51,604
48
25.8605
2,068.84
53,790
60
26.9121
2,152.97
55,977
72
27.9633
2,237-06
58,164
84
29.0144
2,321.15
60,350
01
35.2746
2,821.97
73,371 J001487
UNI/124 Exempt
12
36.9870
2,958.96
76,933
24
38.6993
_3,095.94
80,494-
_ 36_
40A121_
_3,232,97 -
84,057
_ 48
42.1244
3,369.95
87,619
60
43.8369
3,566.95
91,181
72
45.5491.
3,643.93
94,742
_,. 84
47.2615
3,780-92
98,304
01
33.5950
2,687,60
69,878 J000451
UNI/4,23 Exempt
12
35.2259
2,818.07
73,270
24
36.8566
2,948,53
76,662
25
_314a 75
n7q nn
Rn_054
11:41 AM
12/20/2021
Page 17 of 165
;.Tkwwln
Protective Service
Workers
Professionals
Professionals
Professionals
Professionals
Full Time Salary Schedules - HCM -CR
11:41 AM
12/20/2021
Page 18 of 165
I
Compensation Step
I Job
Salary
Classification
Comments
Profile
Plan
Exempt/Non-Exempt
Occ Cat
step (
Hourly I
Bi -Weekly (
Annual I
48
40-1184
3,209.47
83,446
60
41.7493
3,339.94
86,838
72
43.3801
3,470.41
90,231
84
45-0108
3,600.86
93,622
Business Development
01
31.9955
2,559,64
66,551 J000073
UNI/122
Exempt
Professionals
Representative-UNI
12
33.5486
2,683.89
69,781
_
24
35.1015
2,808A2
73,011
36
36.6548
2,932.38
76,242
-
48
38.2079
._ 3,056,63
- 79,472
-
_ 60
39.7611___
3,180.89
_82,703
_
72
41.3144.
3,305.15
85,934
84
42.8676
3,429A1
89,165
Buyer-069
01
29.0208
2,321.66
60,363 J000076
0691120
Non -Exempt
Professionals
12
_30.4295
2,434.36
63,293
24 .
_ 31.8383
2,547.06
66,224
36
33.2471
2,659-77
69,154
48
34.6559
2,772.47
72,084
60
36-0648
2,885.18
75,015
72
37.4735
2,997.88
77,945
84
38,8824
3,110.59
80,875
Captain-015
01
48,5414
3,883.31
100,966 J000732
0151A
Exempt
Officials and
Administrators
12
50.1608
4,012.86
104,334
24
51.7843
4,142.74
107,711
Case Management Accounting
01
21.6556
1,732.45
45,044 J001764
UNV114
Non -Exempt
Office and Clerical
Specialist-UNI-
__-- -- -_- -- _ -- _
12
22-7068
_ 1,816.54
_ 47,230
- - -- - ----------34- ----
- 23.7584
- -- 1,900.67
49,417
-
_ 36_. _
36
24.8094
1,984.75
_ 51,604
48
25.8605
2,068.84
53,790
60
26.9121
2,152.97
55,977
72
27.9633
2,237.06
58,164
_
84
29-0144_
2,321.15
60,350
Case Management Coordinator-
01
23-9930
1,919-44
49,905 J000634
0211H
Non -Exempt
Professionals
021
12
25.1925
2,015A0
52,400
24
26.4524
2,116.19
55,021
36
27.7749
2,221,99
57,772
48
291636
7 'i3A np
sn 86n
Full Time Salary Schedules - HCM -CR
11.41 AM
12/20/2021
Page 89 of 165
I
Compensation Step
Job
San
Classification
Comments
Profile
r
Pl
ExempUNon-Exempt
Occ Cat
Step I
Hourly 1
Bi -Weekly
Annual
84 _
23.8700
1,909.60
49,650
_
Librarian-UNI
01
26.3226
2,105.81
54,751 J000294
UNi/118
Non -Exempt
Professionals -
12
27.6001
2,208.01
57,408
-
24
28.8783
2,310.26
60,067
-
-
.-- --- --. _----- -- . -- _ ..
- .- _ . -_---- -- ... 36 .-
.. - 30.1563
_-_2,412.50
. _ 62,725
--- - ... -_- - ---- -
- -- - -. -. - -- - ---- 48-- ..
31-4338
----
60 _. ._.--
32.7118-
__ 2,616.94_,68,0.40_
-
- - 72 --
_319893_.
2,719.14_
- 70,698____,. .
--- -.- - --. -----__---
-- 84___-_
35,2674___--2,821.39_.-,73,356._-
------
o -t,,,
-__---. -- -
Libra Assistant UNi
Library -
_
- _------ ,______- 1_--____16.1600-___1,292,80_
_ _ 0_
33,613_J000296-__UN{J108
__.- -_-
,Non -Exempt„ , �� _ _�__Paraprofessionai
12
16.9441
1,355.53
35,244
24
17.7289
1,418,31
36,876
36
18.5130
1,481.04
38,507
_
48
19.2978
1,543.82
40,139
60
20.0819
1,606.55
41,770
72
20.8665
1,669.32
43,402
84
21-6508
1,732.06
45,034
Library Supervisor-UNI
01
29.0208
2,321.66
60,363 J000295
UNI/120
Non -Exempt
Professionals
12
30A295
2,434.36
63,293
24
31.8383
2,547.06
66,224
36
33,2471
2,659.77
69,154
48
34.6559
2,772.47
72,084
'
60
36.0648
2,885.18
75,015
72
37.4735
2,997.88
77,945_
84
33.8824
_ 3,110.59
80,875
_ -
Library Technician -UN
01
16.9676
1,35T41
35,293 J001132
UNI/109
Non -Exempt _ -
Paraprofessional
12
17.7913
1,423,30
37,006
24
18.6150
1,489.20
38,719-
_
36
_ 19,4388
- 1,555,10
40,433
48
2U625
1,621.00
42,146
-60_
21.0861
1,686.89
43,859
- -_ --
- -- 72
21.9098-
1,752.78
_ 45,572___---
-
94______
22.7336
1,81&69-
_47,286
Lteutenant-015 _ - _
01_
44.3594
3,54&67,
- 92,265 J000733
015113
Non -Exempt_
Professionals
12 ___--
_ 45.7170
----- 3,657.36
_95,091-_--
_
24-1 _
47.0769'---
3,766.15
97,920___ ---
Loan & Finance Officer-UNt - _
_ _ - - _ _ -. - - 01 _
.29.0208.
,2,321.66
60,363 J000298
UNI/120 .,
Exempt
„,Professionals
12
30.4295
2,434.36
63,293
24
31.8383
2547.06
66 224
Classification
Loan Closer -UM _____
Loan Coordinator-UNI
Locksmith-067
Mail & Distribution Leader-091
Comments
Full Time Salary Schedules - HCM -CR 11:41 AM
12120/2021
Page 90 of 165
Compensation Step
I Job Salary
Profile Plan Exempt/Non-Exempt Occ Cat
Step �
Hourly I Si -Weekly I
Annual
36
33,2471 _ 2,659.77
69,154
_ 48
34.6559 2,772A7
72,084
6036.0648
2,885.18_
75,015
72
37.4735 2,997.88
_ 77,945
_84_ _.
_..__38.88243,1Z0.5980,875______
01 -„
.._ 227384______1,819,07._
__47,296_JOD1023.. UNI/115 Non -Exempt. ____ ______ Paraprofessional___.
12 _ _
_23.8423 — __1,907.38_
49.592
--24_______
24.9460",_. 1,995.68
36
26,0499 2,083.99
54184
_--48 --
_ - 27,1536---
- 2,172.29
60
28.2575
2,260.60
58,776
72
29-3613
2,348.90
61,071
84
30.4651
2,437.21
63,367
01
25.0690
2,005.52
52,144 J001025
UNI/117 Non -Exempt
Professionals
12
26.2861
2,102.89
54,675
24
27.5031
2,200.25
57,207
36
28,7200
2,297.60
59,738
48
29.9371
2,394.97
62,269
60
31,1541
2,492.33
64,801
72
32.3706
2,589.65
67,331
84
33.5878
2,687.02
69,863
01
22.7384
1,819.07
47,296 J000299
067/115 Non -Exempt
Protective Service
Workers
12
23.8423
1,90738
49,592
-24_ -
24.9460
1,995.68
51,888
36
26.0499
2,083.99
54,184-
48
27,1536
2,17229
56,480
-60_ _
28.2575
2,260.60
58,776
_
72
29-3613
2,348,90
61,071
_ 84
30,4651
2,437.21
63,367
01 _ _
16.1600
1,292.80 -
33,613 J001358
UNI/108 _ Non -Exempt
Technicians
12 _.
. _ 16.9441
1,355.53
35,244
_ _ - _ '_ - __ ___-
24
17.7289
1,418.31,
36,876-
,36
18.5130
1,481.04_
38,507
._
48
19.2978,
.. 1,543,82_
_ 40,139
.. _ 60 .,
_ ... 20.0819
_ 1.,606,55___41,770
.. . . ..
...... .
_ 72„
20.8665 _
_1,669.32 ___43,402
84
21,6508
1,732.06
45,034
01
16.9676
1,357A1
35,293 J001674
0911109 Nora -Exempt
Office and Clerical
12
17.7913
1423.30
37 006
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 Cc
m itte I move the adoption the foregoing
resolution. -
r Philip Weipert, District #8
Planning and Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote.
D£EMORA_NDUM OF UNDERSTANDING
This Memorandum of Understanding (this "Memorandum") is entered into as of
47 !7 2017 (the "Effective Date"), by and between OAKLAND COUNTY BUSINESS
F CE CORPORATION, a Michigan nonprofit corporation (the "BFC") and the COUNTY
OF OAKLAND (the "Conn '% and is based upon the following:
RECITALS:
A. The BFC is a Certified Development Company within the meaning of 13 CPR § 120.10
(61 FR 3235, Jan. 31, 1996, as amended at 64 FR 2117, Jan. 13, 1999; 68 FR 57980, Oct. 7, 2003; 72
FR 18360, Apr. 12, 2007; 73 FR 75510, Dec. 11, 2D08; 76 FR 63545, Oct. 12, 2011), and, in
pursuance of its corporate purposes and objectives, has initiated, processed, closed and serviced, and
is continuing to initiate, process, close and service economic development loans to certain qualified
small businesses operating in the State of Michigan-
B. Pursuant to 13 CFR §120.824, which governs the management of a Certified
Development Company providing loans under the Small Business Administration's 504 Loan
Program, the BFC is required to have full-time professional management, including an executive
director (or equivalent) managing its daily operations, which management may be. contributed by
another non-profit entity that has economic development as one of its principal activities.
C. The purposes and objectives of the BFC and their implementation are in the best
interests of the County and assist in the achievement of the County's economic development goals,
including increased employment and tax base.
D. The County has provided and continues to provide 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. _ -------------- --------- ------ —
-
E. The BFC and the County are currently operating under the terms of a Memorandum of
Understanding dated as of September 1, 1998 (the "Original Agreement"), and the BFC and the
County have determined that it is in their respective best interests to amend and restate the terms of
the Original Agreement so as (i) to reflect their mutual understandings regarding the continued
provision of services and facilities by the County to the BFC and the BFC's payment of compensation
to the County therefore, and (ii) to incorporate certain requirements of the Small Business
Administration relating to the County's contribution of the management of the BFC.
NOW, THEREFORE, in consideration for the agreements set forth in this Memorandum,
the parties hereto agree as follows:
1. Contribution of Manager. The County agrees to continue to contribute the County's
Administrator of Financial Services (or such other person as the County may deem appropriate from time
to time who meets the certification requirements of the U.S. Small Business Administration) to serve as
the BFC's manager/executive director. The BFC's manager/executive director shall at all times remain
an employee of the County, governed and bound by a uniform merit system of rules established by the
County. Notwithstanding the foregoing, the County acknowledges and agrees that the Board of Trustees
of the BFC shall at all times retain the authority to remove or prohibit the manager/executive director
from providing services to or on behalf of the BFC, regardless of the employment status of such
individual by the County.
999999999\0900\2325761-v1D
2. Provision of Additional Personnel and Services. The County agrees to continue to
provide County personnel (other than that of the Administrator of Financial Services) to fill the positions
of the BFC identified on the attached Exhibit A to assist with, the daily operations of the BFC, and to
provide such facilities as are reasonably necessary for the BFC to conduct its operations. The personnel
provided to the BFC by the County shall at all times remain employees of the County, governed and
bound by a uniform merit system of rules established by the County. Notwithstanding the foregoing the
County acknowledges and agrees that the Board of Trustees of the BFC shall at all times retain the
authority to remove or prohibit any such personnel provided to the BFC by the County from providing
services to or on behalf of the BFC, regardless of the employment status of such individual by the
County.
3. Reimbursement of Additional Personnel, As consideration for the County's agreement to
provide personnel to the BFC in addition to the contribution of the Administrator of Financial Services, as
set forth in Paragraph 2 of this Memorandum or as may hereafter be more specifically delineated by the
County and agreed to by the BFC, the BFC (and no other person or entity) shall continue to fully
reimburse the County, to the extent permitted by law, for the County's payment of the salaries, including
benefits, of all personnel identified on Exhibit which amounts shall be paid to the County promptly
following completion of each periodic pay cycle of the County, it being understood and agreed that all
such personnel are compensated directly by the County separate and apart from the payments made by the
BFC hereunder.
4. Overhead Fee_. in addition to the BFC's reimbursement to the County in accordance with
paragraph 3, above, the BFC shall also pay to the County, in consideration of the County's provision of
services and facilities to the BFC, an annual overhead fee of; Forty Thousand and 00/100ths Dollars
($40,000.00), which fee shall be paid to the County promptly following the close of the BFC's fiscal year.
S. SBA Regulations. The BFC and the County acknowledge and understand that the BFC is
required to comply with certain rules and regulations of the SBA which are intended to ensure, among
other things, that the BFC, as a Certified Development Company providing loans under the SBA 504
-' —Loan Program, is -an -independent entity -exercising iYs on d wiscretion in connection with the SBA 504
Loan Program. In furtherance of such understanding, the BFC and the County acknowledge and agree as
follows:
a. That the BFC's Board of Trustees shall at all times retain sole authority and
responsibility for the operations of the BFC;
b. That the BFC's 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;
C. That no personnel provided to the BFC by the County pursuant to Paragraph 2,
above, may be a voting or non -voting member of the BFC's Board of Trustees;
d. That the County is prohibited from requiring an SBA 504 loan applicant or
borrower to purchase other services from the County as a condition of any County personnel
performing BFC staff or management functions;
e. That all compensation required to be paid to the County hereunder shall be paid
solely from the BFC's processing and servicing fees and all other sources of revenue of the BFC,
and that the County shall not charge any other person or entity, including an SBA 504 loan
applicant or borrower, for the same services;
999999999\0900\2325761-v10
f. That the BFC shall not be permitted to pay, and the County shall not be permitted
to accept, any additional compensation from the BFC's fee income, including, without limitation,
multipliers or bonuses; and
g. That contract payments for professional services should not exceed seventy-five
percent (75%) of the BFC's 504 loan processing and servicing fee income.
6. Insurance. The BFC further agrees to continue to maintain Directors' and Officers'
Liability and Errors and Omissions insurance in amounts established by the SBA from time to time, based
on the size of the BFC's portfolio and other relevant factors.
7. Indemni . In recognition of the fact that the Board of Trustees of the BFC renders
significant and valuable services which are directly and indirectly beneficial to the County, the County
indemnifies and holds harmless such Board of Trustees, including the individual members thereof, from
and against any liability arising from the negligent errors and omissions of the BFC and its Board of
Trustees in the fulfillment of the terms of this Memorandum, which indemnification shall be pursuant to,
and strictly in accordance with, the County's Defense and Indemnification Policy as then in effect.
8. Period of Aereement. The understandings of the parties hereto shall commence on the
Effective Date and continue in full force and effect for a period of five (5) years thereafter (the "Term").
Notwithstanding the foregoing, either party may terminate this Memorandum, at any time during the
Term and without penalty, by providing at least sixty (60) days' prior written notice of such termination
to the other party, in which event the understandings of the parties hereto shall terminate and be of no
further force or effect from and after the date set forth in such written notice. Neither party shall have any
further liability to the other following the termination of this Memorandum, except for any accrued but
unpaid amounts owing under this Memorandum as of the effective date of such termination.
9. Notices. All notices or other communications .pursuant to this Memorandum shall be
sufficiently given and shall be deemed given when delivered by hand or on the second day following the
--day-on-which on which the same Have been mailed'ti cert fled riiaiY osta e" 're ai addt'essed as follows: if to
- y Y P g P P
the BFC, at 2100 Pontiac Lake Road, Waterford, Michigan 48328, Attention: Chairperson; and if to the
County, at 2100 Pontiac Lake Road, Waterford, Michigan 48328, Attention: Director of Economic
Development and Community Affairs. The parties may, by notice given hereunder, designate any further
or different addresses to which subsequent notices or communications shall be sent.
The BFC and County have taken all actions and secured all approvals necessary to authorize and
complete this Memorandum. The persons signing this Memorandum on behalf of each party have legal
authority to sign this Memorandum and bind the parties to the terms and conditions contained herein.
[signatures appear on following page]
99999999M900\232576 1 -v 10
IN WITNESS WBEREOF, Violet Gintsis, Chairperson, Oakland County Business Finance Corporation, hereby
acknowledges that she has been authorized by a resolution of the Oakland County Business Finance Corporation, a
certified copy of which is attached, to execute this Memorandum on behalf of the Oakland County Business Finance
Corporation and hereby accepts and binds the Oakland County Business Finance Corporation to the terms and conditions
of this Memorandum.
WITNESS:
By:����
lvrarj Langhauser, Secretary
Oakland County Business
Finance Corrporation
Date: / �� �� 7
OAKLAND COUNTY BUSINESS
FINANCE
CORPORA ON
By: // 't�,.
Violet Gintsis
Its: Chairperso
Date: ----//4211
IN WITNESS WHEREOF, Michael J. Gingell, Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified
copy of which is attached, to execute this Memorandum on behalf of the Oakland County, and hereby accepts and binds
the Oakland County to the terms and conditions of this Memorandum.
WITNESS:
y .�
OA.KLAND COUNTY BOARD
OF COMMISSIONERS
Michael J. Gingellj
Its: Chairperson
Date: '/ % Date: -
Description of Personnel Provided by County as of Fiscal Year 2017
Position" BriefDescriotionofServices Provided byCountyPersonael Salary_Gradet
Loan and Finance Markets, intakes and underwrites the SBA 504 loan applications. The Loan Officer meets 12
Officer directly with the business applicant and interfaces with the participating financial institution
throughout the application and funding process. The Loan Officer presents the loan to the
BFC Ioan review committee for initial approval and then submits the application to the SBA
for Authorization. The Loan Officer is also required to assist in some aspects of loan
servicing such as loan grading and site visits.
Loan Closer Works with legal counsel to prepare loan closing packages and coordinate the closing
process for submittal and approval to the SBA, contacts and visits clients to obtain
necessary documentation and verify project expenses, analyzes documentation for
compliance with SBA regulations, maintains working relationship with clients, bankers,
accountants, community representatives.
Loan Coordinator Compiles and prepares loan application and closing packages for submittal and approval to
SBA, analyzes application and closing documentation for compliance with SBA
regulations, analyzes financial spreadsheets and performs financial analysis associated with
application processing, closing and debenture sale of SBA 504 loans, meets with clients and
various professionals regarding all aspects of SBA 504 loan process, facilitates coordination
of the project documentation flow, assuring deadlines are met, filings complete and
customers satisfied.
10
Portfolio
Oversees the BFC's SBA 504 loan portfolio. Creates and maintains loan servicing files,
10
Coordinator
monitors all monthly payments, annual financial statements, credit reports, insurance
coverage, UCC_filings and�ob, creation confirmation._ Prepares loan_servicing_documents
for review and approval by SBA, analyzes documentation for compliance with SBA
regulations. Interfaces directly with borrowers, bankers, SBA professionals, legal counsel
and the Board of Trustees.
Senior Business
Markets, intakes and underwrites the SBA 504 loan applications. The Senior Loan Officer
EXDA
Development
meets directly with the business applicant and interfaces with the participating financial
(see attached
Representative
institution throughout the application and funding process. The Senior Loan Officer
for hourly rate)
(afk/a Senior
presents the loan to the BFC loan review committee or Board of Trustees for initial
Loan and Finance
approval and then submits the application to the SBA for Authorization. The Senior Loan
Officer)
Officer is also required to assist in some aspects of loan servicing such as loan grading and
site visits. The Senior Loan Officer is also responsible for assisting in complex servicing
actions that may require detailed financial analysis.
Positions identified in this Exhibit A are current as of FY2017, and are subject to change from time to time by, and at the sole
discretion ot; the County.
tSalary grades for each position are set forth on the attached Exhibit A-]; salary grade information is current as of FY2017, and is
subject to annual increases pursuant to the County's uniform merit -based system of compensation, as they same may change from
time to time by, and at the sole discretion of; the County.
999999999\0900\2325761-v10
ER7 IT A-1
[see attached]
999999999\0900\2325761-v10
LIFEGUARD
ANNUAL'
BI-WEEKLY
I
HOURLY
10,4549
11.2313
12.0746
1
Top step Is Heed LHeguenl
LOAN AND FINANCE OFFICER
ANNUAL•
62,377
65;567
58,759
61,B53
65,146
sa.338
BI-WEEKLY
2,014.49
2,137d8
2,259.96
2,382.80
2,505.02
2,028.37
HOURLY
26.1811
26.7148
28.2495
29.7860
31.3203
32.8546
--------------------------------
LOAN CLOSER
ANNUAL'
____-------- _.......
41,150
_____---------
43,630
..-----------
48,117
_--------
4B,603
_i__-------
51,087
_;________
63.570
BI-WEEKLY
1,582.88
1,678.0T
1,773.73
1,869.32
1,964.88
2,060.37
'
HOURLY
19.7835
20.9759
22.1718
23.3666
24.5810
!---------
25.754B
----------- _______------------------------------
LOAN COORDINATOR
ANNUAL'
45,241
_-------- _------------
47,972
60.705
_______-------
.63,438
56.152
_.........
58,891
SI-WEEKLY
1,74D,04
1,945.06
1,950.18
2,055.24
2,160.07
2,265.D3
HOURLY
21.7505
23.DB33
24.3773
28.6905
27.00109
28.3129
LOCKSMITH
____________________________________________________________________________________7
ANNUAL*
41,150
43,630
46,117
48.603
51,47
i
53,570
BI-WEEKLY
1,582.68
1,678.07
1,773.73
1,869.33
1,964.88
2,060A-f
HOURLY
19.7835
20.9759
22.1718
23,366E
24.5610
25.7546
MAGISTRATE ANNUAL'
BI-WEEKLY
HOURLY 61.7224
Prepared byHwwO RewWwf 1e,9N201S P., 9e
•SHOWN FOR ILLB81RATIVE MRPO5E6 ONLY.
I
'I
000830 HRUS Non- 6
Exempt
000298 SAP112 Exempt 2
001023 SAP/09 Non. 5
Exempt
001025 8API16 Nor 2
Exempt
----- ______________________
000299 SAP/09 Noo- 4
Exempt
000587 HRI/BC Exempt N
9tlatlet EH¢M� 1W1f201G
I
SENIOR BOC COMMUNITY
ANNUAL'
52,377
55,667
58,759
81,963
55,145
68,338
LIAISON
BI-WEEKLY
2,014.49
2,137.18
2,259.96
2,382.30
2,609.62
2,929-37
HOURLY
25.1811
25.7146
28.2495
29.7950
31,3203
32.9546
------------ __------
SENIOR BUSINESS
_________________--------
ANNUAL`
__________________.._.............
60,857
84,398
08,132
_-------
71,875
_._..._........
76,611
79,350
DEVELOPMENT
REPRESENTATIVE
BI-WEEKLY
7,332.98
2,476.84
2,620.49
2,784,41
2,908.13
3,051.92
HOURLY
29.1823
30.9605
32.7568
34.5561
36.3516
36.1490
---------- ..---------------
SENIOR COMMUNITY ANDHOME
.._..____----------------------------------------------
ANNUAL'
52,377
55,967
58,759
_---------------
81,953
65,148
-____.
68,338
IMPROVEMENT FIELD
TECHMMAN
BLWEEKLY
2,014.49
2,137.15
2,259.98
2,302.80
2,505.62
2,528.37
HOURLY
25.1811
26.7148
28,2496
29.7850
31.3203
32.8546
------------------------------------------------------------
SENIOR COMMUNITY AND HOME
ANNUAL'
52,377
___-____.____________________.._____.___.-__._.
65,567
68,769
61,953
85,143
BB,338
IMPROVEMENT SPECIALIST
131-WEEKLY
2,014.49
2,137.18
2,259.00
2,382.80
2,605.62
2,628.37
HOURLY
26.18ii
2B.7140
28.2,196
29.7850
31.3203
3Z8540
.............. ......------- .-----------
SENIOR COURT REPORTER
_-------
ANNUAL'
_.._.____._.___....__......_..........
63,995
--- ......
..,............
,
RI -WEEKLY
2,461.33i
HOURLY
30.7686
SENIOR ENGINEERING
ANNUAL'
49,741
52,740
55,744
68,744
01,742
64,741
SYSTEMS COORDINATOR
131-WEEKLY
1,913.13
2,028.46
2,144.01
2,259.37
2,374.71
2,490.02
------------
HOURLY
23.9141
25.2558
28,8001
2B.2421
29.6839
31.1253
_-------------------------------------------------------------
PmFmdby Hem.eR S. Mas IM5120te
_-----------
_____________________.
Pea.1 e
'S9OWN FOR WD MTIVE PWR OSES ONLY.
'
001437 SAP112 Exempt 2
000461 EXCIDA Exempt 2
001081' SAP/12 Non- 2
Exempt
001347 SAP112 Non- 2
Exempt
000804 APP/EC Exempt 3
001434 SAP(11 Nast 3
Exempt
------------------------- __________
! s.i.n..en.wv. 1arolnma
I