Loading...
HomeMy WebLinkAboutReports - 2023.12.07 - 40854 AGENDA ITEM: Approval and Acceptance of 2024 Joint Project Agreement (JPA) with the U.S. Department of Commerce (USDOC) for Use of Space Located in Annex I Office Building DEPARTMENT: Facilities Management MEETING: Board of Commissioners DATE: Thursday, December 7, 2023 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3617 Motion to approve the attached one-year Joint Project Agreement (JPA) between the U.S. Department of Commerce and the County of Oakland for the use of building space in the Annex I building on the County campus and authorizes the Chair of the Board of Commissioners to execute the agreement; further, amend the FY 2024 Budget detailed in the attached Schedule A. ITEM CATEGORY SPONSORED BY Contract Yolanda Smith Charles INTRODUCTION AND BACKGROUND This is a request to continue an annual lease with the Dept. of Commerce Export that uses space on campus. The U.S. Department of Commerce (DOC) Export Assistance Center (USEAC) promotes exports of U.S. goods and services through the U.S. Foreign Commercial Service worldwide network of offices, and works to protect U.S. business interests abroad. The Oakland County Board of Commissioners in MR#13013 allowed the DOC to use building space in the Annex I building on the County campus for many years. County Administration has decided to continue the office space lease to DOC but at a reduced footprint in the Annex I building (see exhibit A) on campus. The DOC has agreed to pay annual rent in the amount $8,331.60 based on 2024 annual building and operations costs by the County. Oakland County Corporation Counsel, the Departments of Facilities Management and Economic Development have reviewed and approved the JPA which will become effective when signed by both parties with a term of 10/1/2023 to 09/30/2024. Included in the rent the County will provide janitorial service, general building maintenance, security, grounds work, parking and utilities. POLICY ANALYSIS BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Paul Zachos, Property Management Specialist Jeanne Broad, Director Economic Development ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 12/7/2023 AGENDA DEADLINE: 12/07/2023 6:00 PM ATTACHMENTS 1. 24 JPA 008 Oakland County Pontiac MI (003) 2. Exhibit A - Annex I - Floor Plan - Dept of Commerce 3. BOC MR #13013 4. Facilities_FY2024 JPA with USDOC for Use of Space in Annex I Office Bldg_Sch.A COMMITTEE TRACKING 2023-11-29 Economic Development & Infrastructure - Recommend to Board 2023-12-07 Full Board - Adopt Motioned by: Commissioner Charles Cavell Seconded by: Commissioner Ajay Raman Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault (18) No: None (0) Abstain: None (0) Absent: (0) Passed 1 AGREEMENT ESTABLISHING A JOINT PROJECT (JPA) BETWEEN THE U.S. & FOREIGN COMMERCIAL SERVICE, GLOBAL MARKETS, INTERNATIONAL TRADE ADMINISTRATION U.S. DEPARTMENT OF COMMERCE AND OAKLAND COUNTY, MICHIGAN DOC Agreement Number: 24-JPA-008 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. 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 County Department of Economic Development 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. 2 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 County Department of Economic Development because of the major role it plays in economic development for businesses throughout Oakland County. • Oakland County Department of Economic Development is aggressive in its outreach and support of Oakland County businesses. • Oakland County Department of Economic Development has expertise in international trade matters arising from its 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 Oakland County Department of Economic Development programs and 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 perform the following activities and provide the following resources in support of the joint project activity: 1. Assign two (2) US&FCS trade specialists to work with Oakland County Department of Economic Development and Oakland County businesses to provide market information and counseling, including conducting such activities in the space provided by Oakland County Department of Economic Development. The employees’ duty station will be in Pontiac, MI at the U.S. Commercial Service – Pontiac, MI. The US&FCS staff will be under the supervision of the U.S. Export Assistance Center (USEAC) Director. These persons shall not be deemed employees of the County. 2. Involve as appropriate, one personnel from related federal trade finance entity, EXIM Bank, who will also conduct activities when appropriate in the space provided by 3 Oakland County Department of Economic Development. US&FCS will enter into an interagency agreement with EXIM Bank regarding use of the space by its personnel, an such interagency agreement shall be consistent with the terms of this Agreement. 3. Pay salary costs, travel expenses and all other operational costs for official US&FCS business incurred by the US&FCS staff. 4. Provide Oakland County Department of Economic Development with appropriate market, industry and other international trade data, selected reference materials, publications and export-related information consistent with ITA and DOC policy. 5. Work with Oakland County Department of Economic Development to identify, coordinate and execute trade promotion programs. 6. Participate with Oakland County Department of Economic Development in events sponsored by business incubators and economic development organizations located in the county that promote small businesses and exporters. 7. Jointly host business seminars and workshops with Oakland County Department of Economic Development. 8. Participate in regularly scheduled meetings with Oakland County Department of Economic Development to discuss US&FCS services and market information pertinent to expanding exports and assisting Oakland County businesses and entrepreneurs. 9. Supply the office with the standard US&FCS computer hardware and software. 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 636 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. 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 $28,500. Direct Cost is $8,331.60 annually. Billing will be quarterly at $2082.90. US&FCS total estimated in-kind and direct costs for this project are $36.831.60. The County’s estimated in–kind costs for this project are $36,000. 4 DUNS Number: 929956225 Treasury Account Symbol: 13 2024 2024 1250 CBS ACCS Number: 55/24/6089610-000 55-07-0004-07-00-00-00-00 23-20 VII. CONTACTS The contacts of each party to this Agreement are: Jennifer Moll Director Commercial Service, Pontiac 1200 N Telegraph, North Office Building 26E Pontiac, MI 48341 Phone: 313-212-8693 Email: Jennifer.moll@trade.gov Jeanne Broad Interim Director Oakland County Economic Development & Community Affairs 2100 Pontiac Trail Rd. Waterford, MI 48328 Phone : (248) 622-9973 Email : broadj@oakgov.com Edward P. Joss Director Oakland County Department of Facilities Management One Public Works Drive Waterford, MI 48328 Phone: (248) 721-1204 Email: josse@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 terminate on September 30, 2024 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. 5 Either party may terminate this Agreement by providing 60 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 funds and to applicable laws and regulations. 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. James Golsen Deputy Director General United States and Foreign Commercial Service 14th Street and Constitution Ave, NW Washington, D.C. 20230 ____________________________________________ Date: ____________________ David T. Woodward Chairperson, Oakland County Board of Commissioners 1200 North Telegraph Road Pontiac, MI 48341 ____________________________________________ Date: ____________________ 6 24 JPA 008 Exhibit A ESTIMATED BUDGET US&FCS In Kind Salaries (10%)$20,000 Operational Costs $1,500 Travel $2,000 Joint programming & trade events $2,500 Shared business assistance activities & outreach $2,500 Total in Kind $28,500 $8.331.60 $36,831.60 Direct Costs Costs Related to Use of Office Space US&FCS Total Oakland County In Kind Salaries (10%)$20,000 Joint programming & trade events $2,500 Use of shared conference spaces $2,000 Shared business assistance activities & outreach $2,500 Security costs $2,500 Operational costs and utilities $6,500 Oakland County Total $36,000 Exhibit A 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 BusinessUSA (BUSA)supports innovation and entrepreneurship in the U.S. business community to enhance U.S. economic resiliency, assist U.S. job creation, and help American firms transform themselves into globally competitive enterprises; and WHEREAS the Oakland DEDCA has, and desires to continue to, work closely with the US&FCS and BUSA offices on campus to foster economic development across Oakland County; and WHEREAS the U.S. Department of Commerce (USDOC) has drafted the Memorandum of Agreement (MOA) attached and Oakland County Corporation Counsel and the Department of Facilities Management has reviewed the MOA; and WHEREAS the parties will review this agreement at least once every two (2) years to determine whether it should be revised, renewed, or canceled; and WHEREAS the MOA will become effective when signed by all parties, will terminate at the end of two (2) years, and may be amended at any time by written agreement of the parties; and WHEREAS US&FCS and BUSA will provide its own furniture, computers, fax machines, office equipment, etc., and reimburse the County, at its standard rate, for phone service; and WHEREAS the County would provide janitorial service, general building maintenance, security, grounds work, a reasonable number of parking spaces, and utilities except for network / IT services; and WHEREAS the MOA provides for the use of approximately 3,707 gross square feet of office space within the Annex I building from January, 2013 through January, 2014 at a rate of $- 0- per square foot; and WHEREAS in exchange for the County providing the building space at a rate of $-0- per square foot, the US&FCS and BUSA agree to: • work with Oakland DEDCA and Oakland County businesses to provide market information and counseling; • provide appropriate market, industry, and other international trade data, selected reference materials, publications, and export-related information as consistent with !TA and DOC policy; • identify, coordinate, and execute trade promotion programs; • participate in events sponsored by business incubators and economic development organizations located in the county that promote small businesses and exporters; • host business seminars and workshops; • promote County business programs, services and events on the BusinessUSA.Gov webs ite for the duration of the leasehold; and PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward absent. WHEREAS any party may terminate this agreement by providing 120 days written notice to the other parties. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached MOA. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached 11/10A and all other related documents between the County of Oakland and USDOC, which may be required, BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby terminates the existing lease between the County and USDOC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE MEMORANDUM OF AGREEMENT ESTABLISHING A JOINT PROJECT BETWEEN OAKLAND COUNTY, MICHIGAN AND U.S. DEPARTMENT OF COMMERCE Through its Bureaus: International Trade Administration (U.S. and Foreign Commercial Service, Pontiac U.S. Export Assistance Center) and Office of the Secretary, U.S. Department of Commerce (Office of the Chief Financial Officer/Assistant Secretary for Administration, BusinessUSA) DOC Agreement Number: 1301-12-SA OCE Agreement Number: PARTIES This document constitutes an agreement between the County of Oakland (County), through its Department of Economic Development and Community Affairs (Oakland DEDCA) and the U.S. Department of Commerce (DOC) through its bureaus (1) the International Trade Administration, U.S. and Foreign Commercial Service (hereinafter US&FCS) and (2) the U.S. Department of Commerce's Office of the Secretary, Office of the Chief Financial Officer/Assistant Secretary for Administration, BusinessUSA (hereinafter BUSA), (collectively, the parties). AUTHORITIES The US&FCS and B USA have authority to participate in business development and export promotion projects/activities with the County under: 15 U.S.C. Section 1525, the Department's Joint Project Authority, which provides that the Department may enter into joint projects with nonprofit, research, or public organizations on matters of mutual interest, the cost of which is equitably apportioned; (2) 15 U.S.C. Section 4721, which authorizes US&FCS to promote U.S. exports, and protect U.S. business interests abroad; and 15 U.S.C. Section 1512, which authorizes DOC to foster, promote, and develop the foreign and domestic commerce of the United States. (1 ) (3) 1 III. PURPOSE Pursuant to this agreement, the parties will work together to promote exports and business growth from Oakland County. To this end, the parties will establish an office for US&FCS services, information and counseling. Oakland DEDCA is responsible for ensuring the economic growth and development of Oakland County and has developed an aggressive business assistance function to support and promote small businesses and exporters located throughout Oakland County. The Pontiac U.S. Export Assistance Center (USEAC) promotes exports of U.S. goods and services through US&ECS's worldwide network of offices, and works to protect U.S. business interests abroad. BUSA supports innovation and entrepreneurship in die U.S. business community, in order to enhance U.S. economic resiliency, assist U.S. job creation and help American firms transform themselves into globally competitive enterprises. BUSA is designed to make it easier for businesses to access the full range of Government programs and services. BUSA works across the DOC bureaus to promote their respective programs. This project is necessary and essential to further the mission of DOC as identified in 15 U.S.C. Section 4721 and Section 1512, in that it will: e Increase the number of identified export-ready and new-to-market Oakland County companies, and promote awareness and usage of US&FCS products and services and other DOC resources designed to assist U.S. companies to export, generate revenue, and create jobs. • Expand US&FCS outreach efforts to Oakland County technology and service companies and enhance on- site one-stop-shop support to better serve clients. • Because of the parties' coordination and collaboration, increase Oakland County companies' use of businessusa,gov, which provides one-stop electronic access to federal, state, local and non-profit business assistance resources. The US&FCS and BUSA have determined that this project cannot be done as effectively without the participation of Oakland DEDCA because of the major role Oakland DEDCA plays in economic development for businesses throughout Oakland County. IV. MUTUAL INTEREST OF TITE PARTIES This project is of mutual interest to the parties because US&FCS, BUSA, and the County recognize that U.S. companies, particularly small businesses and exporters, are a critical part of a strong economy and critical to an increase in jobs in Oakland County. Oakland County companies and companies throughout eastern Michigan will benefit by having access to all DOC export programs at one location and to technology that facilitates relationships between local businesses and resources available outside of their immediate area. US&FCS, BUSA, and the County agree that this project furthers their mutual interest in promoting international and domestic business activities. V. RESPONSIBILITIES OF THE PARTIES A. US&FCS agrees to perform the following activities and provide the following resources in support of the joint project activity: I. Staff the office with US&FCS trade specialists to work with Oakland DEDCA and Oakland County businesses to provide market information and counseling. These persons shall not be deemed employees of the County. 2. Pay salary costs, travel expenses, and all other operational costs for official US&FCS business incurred by the US&FCS staff. 3. Provide Oakland DEDCA with appropriate market, industry and other international trade data, selected reference materials, publications, and export-related in fotmation as consistent with ITA and DOC policy. 4. Work with Oakland DEDCA to identify, coordinate, and execute trade promotion programs. 5. Participate with BUSA and Oakland DEDCA in events sponsored by business incubators and economic development organizations located in the county that promote small businesses and exporters. 6. Jointly host business seminars and workshops with Oakland DEDCA and BUSA. 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. BUSA agrees to perform the following activities and provide the following resources in support of the joint project activity: 1. Pay salary costs, travel expenses, and all other operational costs for official BUSA business incurred by its staff members stationed in Oakland County, MI. 2. Jointly host business seminars and workshops with Oakland DEDCA and US&FCS. 3. Participate in regularly scheduled meetings with Oakland DEDCA and US&FCS to discuss DOC services and market information pertinent to expanding exports and assisting Oakland County businesses and entrepreneurs. 4. Participate with US&FCS and Oakland DEDCA in events sponsored by business incubators and economic development organizations located in the county that promote small businesses and exporters. 5. Promote Oakland DEDCA's business programs, services and events, as appropriate, on the BusinessUS.A.Gov website. 6. Coordinate with US&FCS to supply the office with standard DOC computer hardware and software packages and general office supplies. 7. Reimburse the County, at its standard rate, for phone service. C. The County agrees to perform the following activities and provide the following resources in support of the joint project activity: 1. Provide use of 3,707 square feet of office space located at 1025 S Campus Dr, Annex 1, Building 47 West, Waterford, MI. 2. Coordinate and promote business assistance activities, programs, trade events and initiatives undertaken with US&FCS and BUSA, as appropriate and consistent with ITA and DOC policy. 3. Jointly host business seminars and workshops with US&FCS and BUSA. 4. Participate in regularly scheduled meetings with US&FCS and BUSA to discuss DOC services and market information pertinent to expanding exports and assisting Oakland County businesses and entrepreneurs. 5. Participate with US&FCS and BUSA in events sponsored by business incubators and economic development organizations located in the county that promote small businesses and exporters. 6. Provide routine custodian and security services, including snow removal for the office space. 7. Provide a reasonable number of parking spaces for DOC staff and visitors. 8. Provide and pay for all utilities for the office space. 9. Provide phone service for the office space, except that US&FCS and BUSA separately shall reimburse the County for the phone service at the County's standard rates. VI. EQUITABLE APPORTIONMENT OF COSTS The costs of this project are equitably apportioned as outlined in the attached budget (Exhibit A) The DOC's estimated costs for this project are 5132,400. The County's estimated costs for this project are $137,525. 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.corsonCiArade.gov Cynthia Martin Customer Service Manager, BusinessUSA Phone: 248-975-9697 Fax: 248-975-9802 Email: CSlatingCa),commerceconnect.gov Matthew A. Gibb Deputy County Executive Phone: 248-976-9636 Fax: 248-452-9215 Gibbm()oakgov.com Oakland County Department of Facilities Management Attention: Director One Public Works Drive Waterford, MI 48328 Phone: 248-858-0160 Fax: 248.4 5 2.2250 Email: holdsworthagoakgov.com The parties agree that if there is a change regarding the information in this section, the party making the change will notify the other party in writing within 30 days of the change. VIII. PERIOD OF AGREEMENT AND MODIFICATION/TERMINATION This agreement will become effective when signed by all parties. The agreement will terminate at the end of two (2) years but may be amended at any time by written agreement of the parties. The parties will review this agreement at least once every two (2) years to determine whether it should be revised, renewed, or canceled. Further, while this agreement will serve as a two-year umbrella agreement, under this agreement US&FCS and BUSA will obligate funds to cover phone charges only for Fiscal Year 2013 (from the effective date of the agreement through September 30, 2013). US&FCS and BUSA will obligate funds for future fiscal years pursuant to yearly amendments to this agreement, subject to the availability funds. Each amendment obligating funds for phone expenses will include estimated costs for the current year's phone charges and a revised Statement of Budget. Any party may terminate this agreement by providing 120 days written notice to the other party.. In the event this agreement is teiminated, each party shall be solely responsible for the payment of any expenses it has incurred. This agreement is subject to the availability of funds. IX. OTHER PROVISIONS Should disagreement arise on the interpretation of the provisions of this agreement, or amendments and/or revisions thereto, that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each party and presented to the other party for consideration. If agreement on interpretation is not reached within thirty days, the parties shall forward the written presentation of the disagreement to respective higher officials for 4 appropriate resolution. Under the Inspector General Act of 1978, as amended, 5 USC App. 3, a review of this agreement may he conducted at any time. The Inspector General of the Department of Commerce, or any of his or her duly authorized representatives, shall have access to any pertinent books, documents, papers and records of the parties to this agreement, whether written, printed, recorded, produced, or reproduced by any mechanical, magnetic or other process or medium, in order to make audits, inspections, excerpts, transcripts, or other examinations as authorized by law. X. SIGNATURES This agreement is approved on behalf of the parties by: Charles Ford Date Acting Assistant Secretary for Trade Promotion and Director General Of the U.S. & Foreign Commercial Service le Street and Constitution Ave. NW Washington, DC 20230 Dennis Alvord Executive Director BusinessUSA 14 th and Constitution Ave., NW Room 2830 Washington, DC 20230 Michael J. Gingell Date Chairperson, Oakland County Board of Commissioners 1200 North Telegraph Road Pontiac, MI 48341 Date 5 Exhibit A: Statement of Budget ESTIMATED EXPENDITURES ASSOCIATED US&FCS (In Kind) THE ,IPA Salaries (15%) 60,000 Office Supplies 2,000 Travel Expenses 5,000 Telephones 3,600 O ffice Furniture & Equipment 20,000 US&FCS TOTAL $90,600 BUSA (In Kind) Salaries (10%) 36,000 Office Supplies 1,000 Travel Expenses 300 Telephones 2,000 Business assistance activities and outreach 2,500 BUSA TOTAL $41,800 DOC TOTAL $132,900 COUNTY (In Kind) Salaries (15%) 75,000 Office Space (3707 s.f.) 60,000 Utilities 600 Parking Space 200 Security 500 Custodian Services 1,225 COUNTY TOTAL $137,525 6 Resolution #13013 January 23, 2013 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #13013) February 7, 2013 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF MEMORANDUM OF AGREEMENT (MOA) WITH THE U.S. DEPARTMENT OF COMMERCE (USDOC) FOR USE OF SPACE LOCATED IN THE ANNEX I BUILDING TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves and authorizes a Memorandum of Agreement (MOA) between Oakland County and the U.S. Department of Commerce for U.S. and Foreign Commercial Services (US&FCS) and Business USA (BUSA) offices located in the Administrative Annex I building. 2. The MOA provides for the use of approximately 3,707 gross square feet of office space in the Administrative Annex I building by Commerce Connect and Export Assistance from January 2013 through January 2014 at no charge to the U.S. Department of Commerce. 3. Under terms of the Agreement. US&FCS and BUSA will provide furniture, computers, and office equipment and reimburse the County for telephone service. 4. Oakland County will provide janitorial service, general building maintenance, security, grounds work, parking, and utilities except for network/IT services. 5. The parties to the Agreement will review the MOA at least once every two years to determine whether the agreement should be revised, renewed, or canceled. 6. Annual In-kind costs for the Agreement are estimated at $132,400 for the U.S. Department of Commerce and $137,525 for Oakland County as noted in Exhibit A of the agreement. 7. A FY 2013 budget amendment is recommended to adjust lease revenue and building space charges for January 2013 through September 2013: Facilities Maint & Operations #63100 FY 2013 Revenues: 1040702-140010-635017 Ext. Agencies Rev ($40,608) 1040702-140010-631386 Office Space Rental GFGP 40,608 Total Revenues $ 0 General Fund #10100 Revenues: 9010101-196030-665882 Planned Use of Fund Bal Total Revenues Expenditures 1090201-171000-770631 Bldg Space Cost Ailoc. Total Expenditures $ 40,608 40,608 $ 40,608 $ 40,608 FtN E 7 A FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long and Quarles absent. Resolution #13013 February 7,2013 Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. I HEREBY APPROVE THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown : Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 7, 2013, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 7 th day of February, 2013. Lisa Brown, Oakland County Oakland County, Michigan FACILITIES MANAGEMENT/FACILITIES MAINTENANCE AND OPERATIONS - APPROVAL AND ACCEPTANCE OF 2024 JOINT PROJECT AGREEMENT (JPA) WITH THE U.S. DEPARTMENT OF COMMERCE (USDOC) FOR USE OF SPACE LOCATED IN ANNEX I OFFICE BUILDING Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG)Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2024 Amendment FY 2025 Amendment FY 2026 Amendment R Facilities M&O Facilities Engineering Admin FND63100 CCN1040702 RC635017 PRG140010 635000 Ext. Agencies Rev $801.36 $-$- Total Revenues $801.36 $-$- E Facilities M&O Facilities Engineering Admin FND63100 CCN1040702 RC796500 PRG140500 796500 Budget Equity Adjustment $801.36 $-$- Total Expenditures $801.36 $-$- Oakland County, Michigan FACILITIES MANAGEMENT/FACILITIES MAINTENANCE AND OPERATIONS - APPROVAL AND ACCEPTANCE OF 2024 JOINT PROJECT AGREEMENT (JPA) WITH THE U.S. DEPARTMENT OF COMMERCE (USDOC) FOR USE OF SPACE LOCATED IN ANNEX I OFFICE BUILDING Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG)Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2024 Amendment FY 2025 Amendment FY 2026 Amendment R Facilities M&O Facilities Engineering Admin FND63100 CCN1040702 RC635017 PRG140010 635000 Ext. Agencies Rev $801.36 $-$- R Facilities M&O Facilities Engineering Admin FND63100 CCN1040702 RC631386 PRG140010 631000 Office Space Rental GFGP $(801.36) Total Revenues $-$-$- E General Fund Planning and Local Business Dev.FND10100 CCN1090201 SC770631 PRG171000 770000 Bldg Space Cost Allocation $801.36 $-$- E General Fund Non-Departmental FND10100 CCN9010101 SC730359 PRG196030 730000 Contingency $(801.36) Total Expenditures $-$-$-