HomeMy WebLinkAboutResolutions - 1983.02.03 - 11503MISCELLANEOUS RESOLUTION # 83004
BY: FINANCE COMMITTEE, G. WILLIAM CADDELL, CHAIRPERSON
IN RE: ACCEPTANCE OF THE 1983 COOPERATIVE REIMBURSEMENT GRANT-FRIEND OF THE
COURT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #8145 requires the Finance Committee to
review acceptance of all grants that vary less than ten (10) percent from the
grant application; and
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous
Resolution #82380 authorized the application for the continuation of the Coopera-
tive Reimbursement Program - Friend of the Court; and
WHEREAS the Finance Committee has reviewed said program as approved by the
State of Michigan, Department of Social Services, and finds the grant program award
for $1,528,689 varies less than ten (10) percent from the $1,608,926 in the grant
application and covers the period of January 1, 1983 through December 31, 1983; and
WHEREAS the total funding for the grant is $1,528,689, of which $1,115,924,
or seventy-three (73) percent is State funded and $412,765, or twenty-seven (27)
percent is County funded, consisting of $287,772 in salaries and fringe benefits,
$104,922 in soft match contribution to the program, and $20,071 in operating costs
representing the County cash contribution; and
WHEREAS the County cash contribution is available as follows:
312-01-00-3380 F.O.C. 1983 Grant Match $10,006
998-02-00-9998 Federal Project Match 10,065
$20,071
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accept the 1983 Cooperative Reimbursement Program Grant - Friend of the Court as
awarded, in the amount of $1,528,689 and that the Chairperson of the Board of
Commissioners be and is hereby authorized to execute said grant. contract.
BE IT FURTHER RESOLVED that pursuant. to Rule XI-C of this Board, that the
Finance Committee finds it is necessary to appropriate $10,065 from the Non-
Departmental Federal Project Match Account.
BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $10,065
from the 1983 Federal Project Match Account and transfers said amount to the 1983
Friend of the Court Grant Match line item as follows:
990-02-00-9998 Federal Project. Match
312-01-00-3380 F.O.C.-Grant Match
February 3, 1983
$(10,065)
10,065
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BE TT FURTHER RESOLVED that the future level of service shall be contingent
upon the level of State funding available for this program.
Mr. Chairperson, on behalf of the Finance Committee, T move the adoption
of the foregoing resolution. •
FINANCE COMMITTEE
OAKLAND COUNTY
COOPERATIVE RFTBURSEMENT PROCPAM
FRIEND OF THE COURT
COMPARISON 1983 APPLICATION - 1983 P:WARD
Number 1983 Number 1983 Numbr Varian
of
r-..e
Program of Program of Favorabl ,:,
Positions Application Positions Award Positions(TInfav
Salaries
State Funded Positions .
Attorneys 6 $ 298,978 6 $ 197,149 -- $11,829
Technical Support Clerk
(Clerk III) 7 117,723 7 111,059 -- 6,664
Auto Dict. & Prod. Typist 1 15,231 1 14,369 -- 862
Typist II 6 87,780 6 82,811 -- 4,969
Clerk III 1 17,173 1 16,201 -- 972
Court Service Officers 6 164,501 6 155,190 -- 9,311
Account Clerk I 3 47,268 3 44,592 -- 2,676
Account Clerk II 1 18,115 1 17,090 --, 1,025
Filins Clerks (Clerk TT) - 3 45,100 3 42,547 -- 2,553
Filing Clerk (Clerk I) 1 12,494 1 11,787 707
Student 1 4,574 1 4,315 -- 259
Para-Legal Clerk 1 15,231 1 14,369 -- 862
-OTAL SALARIES 37 $ 754,168 37 $ 711,479
inge Benefits 290,116 273,694 16,422
.,OTAL SALARY & FRINGES $1,044,284 $ 985,173 $59,111
Indirect Costs (6.9%) $ 52,038 $ 49,092 $_2,946
County Funded Positions (1)
Court Service Officer 1 $ 13,891 1 $ 13,105 $ 786
Investigator Supervisor 1 17,135 1 16,165 970
Field Investigators 13 190,794 13 . 179,994 10,800
TOTAL SALARIES 15 $ 221,820 15 $ 209,264 $12,556
Fringe Benefits 83,218 78,508 4,710
_TOTAL SALARY & FRINGES $ 305,038 $ 287,772 $17,266
Indirect Costs $ 15,306 $ 14,392 $ 914
Operating
Transportation $ 35,155 $ 35,155 $
Equipment Rental 5,090 5,090
Data Processing 48,809 48,809
Office Supplies 3,848 3,848
•nt 90,530 90,530
stage 2,600 2,600
Communications 3,586 3,588
Radio Rental 2,640 2,640
TOTAL OPERATING $ 192,260 $ 192,260 $
TOTAL $1,608,926 $1,528,689
Funding Sources
$80,237 -
County
Salaries $ 305,038 $ 287,772 $17,266
Cash 25,962 20,071 5,891
In-Kind 105,836 - 104,922 914
TOTAL COUNTY $436,836 (27%) $ 412,765 (27%) $24,071
State $1,172,090 (73%) $1,115,924 (73%) $_56,166
TOTAL- $1,608,926 $1,528,689 $90,237
') Award is for 59% of salaries and fringe benefits for County funded positions based on
D.S.S. estimate of the time these employees spend working on ADC cases.
Contract No CS-83-104
Contract Amt:
$1 :115 ,92/1,g,Federal State)
$412,765.00 (C oun ty )
Account No: 110-43-8150
R.A.S. No; 2300
AGREEMENT
between
MICHIGAN DEPARTMENT OF SOCIAL SERVICES
and
THE COUNTY OF OAKLAND
This agreement, effective, the 1st day of January , 19 83 , and
ending •the 31st day of December , 19 83- , is by and between the
Michigan Department of Social Services, having a mailing address of 300
South Capitol Avenue, P.O. Box 30037, Lansing, Michigan 48909 (hereinafter
referred to as the "Department"), the County of j-kinan d , a
public organization, having a • mailing address of
1200 N. Telegraph Road, Pontiac, MI 48053 -1058
thereinafter referred to as the "Contractor"), and theFri end of the Court
for the County, (hereinafter referred to as the "Provider").
WITNESSETH
WHEREAS, the Department is authorized to contract with State or local
units of government under the provisions of TvICLA 400.10; and,
WHEREAS, the Department has the authority to purchase services and to
enter into Cooperative Agreements under and in accordance with policies
established by the Department, as well as under and in accordance with
Title IV-D of the Social Security Act as amended and the provisions of part
302.34 and 304, Chapter III, Title 45, Code of Federal Regulations, and,
WHEREAS, the Department is desirous of purchasing services through the
Contractor and the Contractor, through the Provider, desires to provide
services in accordance with the terms and conditions of this Agreement;
and,
WHEREAS, Chairperson, County Board of Commissioners has lawful
authority to bind the Contractor, and both Contractor and ProYMitr
thq.- tr.srms set forth in this Agreement,
NOW, THEREFORE, in consideration of the above, and in consideration of -
the promises and mutual covenants hereinafter contained, the parties hereto
agree as follows:
. GENERAL PROVISIONS
A.- Department's Source of Funds-Termination
The Department's payment of funds foi- purposes of this Agreement
is subject to and conditonal upon the availability of funds for such
purposes, being Federal and/or State funds. No commitment is
made by the Department to continue or expand such activities.
Upon written notice to the Contractor and Provider the Depart-
ment may terminate this Agreement immediately only if Federal
or State funds, specifically identified to this program, become
unavailable.
B. Fees and Other Sources of FundinF,
The Contractor guarantees that any claims made to the Depart-
ment under this Agreement shall not be financed by any source
other than the Department under the terms of this Agreement. If
funding is received through any other source, the Contractor
agrees to delete from Contractor billings, or to immediately refund
to the Department, the total amount representing such duplication
of funding.
C. Review and Monitoring Reports
The Contractor or the respective Provider shall prepare, complete,
and submit the reports enumerated under Section II, 1, g in
accordance with the provisions contained therein.
The Department shall monitor and review such reports for the
purposes of determining the Contractor's compliance with this
Agreement and the provisions of Public Law 93-647 and the Code
of Federal Regulations pertaining thereto.
Any additional reports which the Department proposes to be
completed by the Contractor shall only be completed at the
discretion of the Contractor, or pursuant to a written modification
to this Agreement signed by both parties.
D. Examination and Maintenance of Records
The Contractor and Provider shall permit the Department or any of
its identified auditors access to the facilities being utilized, at any
reasonable time, with prior notice, to conduct financial audits or to
evaluate the quality, scope, effectiveness and efficiency of ser-
vices provided under the program in accordance with the Code of
Federal Regulations pertaining to this program.
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Further, the Contractor and Provider shall maintain all bc)oks,
records or other documents relevant, to this Agreement for 5 v,;:,ars
after final payment, at their cost, and Federal auditors and any
persons duly authorized by the Department shall have full access to
and the right to examine and audit any of said material during this
period. If an audit is ini'tiated prior to the expiration of the five -
year period, and extends past that period, all documents shall be
maintained until the audit is completed. The Department shall
provide findings and recommendations of audits to the Provider and
Contractor. The Department shall adjust future payments or final
payment if the findings of an audit indicate over or under payment
to the Contractor in the period prior to the audit. If no payments
are due and owing the Contractor, the Contractor shall refund all
amounts which may be due the Department.
E. Insurance Coverages
Unemployment compensation coverage and workmen's compensa-
tion insurance shall be maintained in accordance with applicable
Federal and State laws and regulations.
F. Compliance with Civil Rights, Other Laws
The Contractor shall not discriminate against any employee or
applicant for employment with respect to hire, tenure, terms,
conditions or privileges of employment, or a matter directly or
indirectly related to employment, because of race, color, religion,
national origin, age, sex, height, weight, or marital status pursuant
to 1976 P.A. 453, Section 209. The Contractor shall also comply
with the provisions of the Michigan Handicappers Civil Rights Act,
1976 P.A. 220 and Section 504 of the Federal Rehabilitation Act of
1973, P.L. 93-112, 87 Stat. 394, which states that no employee or
client or otherwise qualified handicapped individual shall, solely by
reason of his handicap, be excluded from participation, be denied
the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
Further, the Contractor shall comply with all other Federal, State
or local Jaws, regulations and standards, and any amendments
thereto, as they may apply to the performance of this Agreement.
G. Royalties
Department reserves a royalty-free nonexclusive license to use and
authorize others to use all copyrightable or copyrighted material
resulting from this program.
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H. Confidentiality
The Department, Contractor and Provider agrees to abide with all
Federal statute and regulations and State statutes regarding confi-
dentiality.
. Maintenance of Fiscal Effort
Program funds (State and Federal) will not be used as a substitute
for local funds that would normally have been made available for
the items covered by this Agreement
J. Personnel Costs
The salaries and fringe benefits of employees covered by this
Agreement shall not exceed those of. "General Fund" county
employees of like classification.
K. Salary, Wages and/or Fringe Benefits Negotiation
Where salaries, wages and fringe benefits are still in negotiation
between the Contractor and its Provider or their employees, the
Contractor shall advise the Department prior to the finalization of
the Contract of its intent as to the salaries of the individuals
covered by the Agreement and such sums shall be shown on the
budget sheet as to what the party's contributions to those salaries,
wages and fringes may be.
If, upon final resolution with its employees, the Contractor finds
that the salaries of employees under this Agreement are lower than
expressed on the budget sheet, the Contractor shall notify the
Department so that appropriate adjustments can be made to
encumbered state funds, and the parties shall amend the agreement
as to such salaries.
L. Subcontracts
Neither Contractor nor Department shall assign this Agreement or
enter into subcontracts to this Agreement with additional parties
without obtaining prior written approval of the other party. The
Department, or the Contractor, as a condition of granting such
approval, shall require that such assignees or subcontractors shall
be subject to all conditions and provisions of this Agreement. The
Contractor or Department shall be responsible for the performance
of all assignees or subcontractors.
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M. Cancellation of Agreement
Either party to this Agreement may terminate the Agreement upon
sixty days written notice to the other party at any time prior to
the completion of the Agreement period, except as otherwise
provided in this Agreernent
N. Bonding
The Contractor agrees that, to the extent that any employee or
agent of the Provider and Contractor has access to or control over
child support collections or such other collections as may flow to
the Department under this Agreement, such person shall be
covered by a bond or insurance of sufficient sureties to protect
against loss resulting from employee dishonesty or by such self-
bonding or insuring as may be provided by state law.
O. Property Title
Title to all purchased property, real or personal, used by the
Contractor in the perfornance of this Agreement and which is
funded in whole or part by the Department shall remain in the
Department during the term of this Agreement
Upon expiration of this Agreement or any extension thereof, the
Contractor agrees to return said property to the Department or
pay the then current fair market value thereof to the Department
provided, however, that in the event that any such property is only
partially funded by the Department, the Contractor shall return
said property to the Department or pay the Department that
portion of the current fair market value of such item which is in
the same percentage as the Department's contribution to the
original purchase price.
Where property in which the Department has an interest is traded
for other property, the Contractor shall maintain continuing
records to account for Department's financial interest in such
subsequent acquisitions.
P. Job Descriptions
The application for funding shall contain job descriptions of those
persons employed in the program, which part of the application is
attached hereto and made a part hereof.
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BillingMetl-nd
The Line-hero Expenditure Billing Method shall be used in claiming
reimbursement under this Agreement. The budget part of the
application is attached hereto and made a part of this Agreement.
This document details the amount and object of expenditures for
which the Contractor shall use funds paid under this Agreement,
The Contractor shall follow and adhere to the budget. However,
expenditure above the direct cost line item budget categories are
permissable provided the sum of all expenditures does not exceed
the total amount of the contract. The Contractor must obtain
prior written approval from the Department to increase or
decrease line items in the budget. The person authorized to .
approve budget revisions is the Director of the Office of Child
Support. The Contractor's request for the Department's approval
must contain sufficient information to allow the Department to
identify which budget line items are to be increased and which line
items are to be decreased, staying within the originally approved
budget total. Any adverse effects such a transfer might have on
the Provider's program', should be detailed in the letter requesting -
line item transfers.
R. Billing Procedure
The Contractor shall submit a monthly "Cooperative Reimburse-
ment Expenditure Report" (Form DSS-286) to Office of Child
Support, Department of Social Services, 300 S. Capitol Avenue,
P.O. Box 30037, Lansing, Michigan 48909. This report shad
indicate actual expenditures incurred broken out by category of
expense in the performance of this Agreement for the period being
billed and the units of service delivered. This should be submitted
to the Department within fifteen working days from the end of the
monthly billing period.
S. Closeout
When this Agreement is concluded or terminated, the Contractor
and Provider shall provide the Department, unless otherwise pro-
vided in this Agreement, with such reports as are enumerated in
this Agreement and shall do so within 60 days of termination or
conclusion unless written extension is granted for extenuating
circumstances.
The Department shall make payments to the Contractor for
allowable reimbursable billings not covered by previous payments.
The Contractor shall refund to the Department any payments or
Q.
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funds advanced to the Contractor in excess of allowable, reimburs-
able billings.
T. Continuinnyesponsibi lit ies
Termination, conclusion, or cancellation of this Agreement shall
not be construed so as to terminate the on-going responsibilitites
of the Contractor and Provider or of the Department as provided in
Section 1 paragraphs D, E, 0, R.
U. Disputes
The Contractor shall notify the Department, in writing, of its
intent to pursue a claim against the Department for breach of any
terms of this Agreement. No suit may be commenced by the
Contractor for breach of this Agreement prior to the expiration of
at least 90 days from the date of such notification. Within this 90
day period, the Contractor, at the request of the Department, must
meet with the Director of the Department for the purpose of
attempting resolution of the dispute. The same duties and obliga-
tions shall attend to the Department.
V. Continuation
In the event that the Contractor has submitted application(s) for
refunding of the existing Cooperative Reimbursement Program
within the county and, because of circumstances beyond the
control of either the Contractor or the Department, the Contract
(Agreement) cannot be concluded to take effect on the day called
for the start of the new Contract (Agreement), the delaying party
shall immediately notify the other party of the special circum-
stances and shall confirm in writing said circumstances and the
anticipated date that their responsibilities can be concluded. The
Contract (Agreement) in existence shall, at the option of the
delayed party, be extended for a period not to exceed 60 days from
the concluding date of the existent Contract (Agreement). Should
the delayed party not choose to extend the existent contract, that
party shall in writing immediately notify the other.
W. Amendment
The Contractor shall, upon request by the Department, and receipt
of a proposed amendment, amend this Agreement if and when
required, in the opinion of the Department, due to revision of
Federal statute or State Law. If the Contractor fails or refuses to
sign such amendment, the Department may terminate this Agree-
ment at the end of 60 days from the date of request to arnend, The
Contractor shall suffer no liability to the Department, for refusing
to agree to said amendment, and said refusal shall not constitute a
breach of this contract. This Agreement may otherwise be
amended only by the written consent of all the parties hereto,
except as otherwise provided in this Agreement.
X. Termination - Unfair Labor Practice
The Department may void this contract upon 15 days notice if the
name of the Contractor, or the name of a subcontractor, manufac-
turer, or supplier of the Contractor, subsequently appears in the
register compiled pursuant to Section 2 of Act 278, P.A. 1980.
This Act prohibits the State from entering into contracts with
certain employers who engage in unfair labor practices; to prohibit
those employers from entering into certain contracts with others;
to provide for the compilation and distribution of a register of
those employers; and to provide for the voiding of certain con-
tracts.
II. PROVIDER ACTIVITIES; FRIEND OF THE COURT
1. Responsibilities
a. The Provider shall comply with the provisions of Public Law
93-647 as amended and with the Code of Federal -Regulations
pertaining thereto insofar as they are permitted by state
statute, regulations, court rules, Attorney General's opinion,
and funding.
b. The Provider shall make every effort to enforce all orders of
support over which it has jurisdiction and to seek modifica-
tions of orders where economic changes warrant such consid-
eration.
To that end, the Provider shall comply with the provision of 4.5
CFR 303.6 "Enforcement of Support Obligations" in a regular
and consistent manner for all cases covered by this Agree-
ment.
c. Provider shall, where necessary, initiate action to locate
absent parents, both locally and through the State Parent
Locator Service.
d. Provider shall develop, utilize and maintain a procedures.
manual for the office which shall detail step by step pro-
-8-
g.
cedures for enforcing orders of support within their jurisdic-
tion.
e. These services shall be available to both the AFDC applicant/
recipient; and to the non-ADC applicant upon request. Notifi-
cation of the need for such services shall be by the Depart-
ment in the case of AFDC applicant/recipient; and, hence-
forth, by written application by the non-AFDC applicant
either upon the Department's application form or such other
similarly worded and uniformly administered form developed
by the Contractor's Provider.
f. The Provider will work and cooperate with the Office of Child
Support to implement reporting procedures which are consis-
tent with federal requirements.
The Contractor or Provider shall prepare, complete and submit
the following reports in the cycles indicated, to the units
named:
1. Form: DSS 286 - "CR Expenditure Report".
Cycle: - 15 working Days after month of service.
To;
Department of Social Services - Office of Child
Support-Lansing.
2. Form: DSS 284 - "FOG Monthly Report".
Cycle: 10 working days after month of service.
To: Office of Child Support - Lansing.
3. Form:
DSS 820 - '"Support Refund/Reimbursement
. Request.
• Cycle: As needed in accordance with 005 Manual Item
CR 360.
To: DSS Payment Document Control, Lansing
4. Form: DSS 29. - "Financial Deposit Report" - (Accom-
panied by checks and/or bank deposit slips, and
listing of individual items for any ADC-F,
medical, or alimony collections)
Cycle: Varies with FOG from daily to monthly.
To DSS cashier, Lansing.
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5. Form: DSS 1825 - Incentive Payment Batch Activity
Report, and Individual DSS-316 InceritvF, Pay-
ment Requests or equivalent listing or magnetic
tape.
Cycle: 10th working day of month following month of
child support collections.
To: DSS Payment/Document Control, Lansing.
6. Form:
DN-010 Penciecl Support Collections Report (to
report corrections of pended collections).
Cycle: No deadline; submitted whenever corrected data
is available; processed by 8th working day each
month.'
To: DSS Payment/Document Control, Lansing.
7. Form: Letter or memo requesting correction of pro-
cessed support collections (usually to correct
case number).
Cycle: No regular cycle: processed as received.
To: Office of Child Support, Lansing.
2. Time Frames:
a. The Office of the Friend of the Court shall ensure that
collections are made on support orders, by establishing stan-
dards which meet the intent of the state statutes and are
consistent with provisions of 45 CFR 303.6 'Enforcement of
Support Obligations".
b. The statutory provision requiring review of support orders
involving AFDC applicants/recipients once every two years
shall be followed, where staffing and budget permits.
c. All reasonable efforts shall be made to increase collections to
shift the burden for the support of minor children back to
those legally liable and financially able to do so.
To that end, the Provider will outline goals in the body of the
Program Application based upon present contract staffing levels
and upon requested increase in staffing levels.
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III. DEPARTMENT RESPONSIBILITIES
A. Ent
The Department shall rAke monthly payments to the Contractor
approximately 15 working days after receipt by the Department of
the Contractor's monthly "Cooperative Reimbursement Expendi-
ture Report," detailing program-related budgeting expenditures as
set forth in the budget sheet attached to this Agreement.
B. Maximum Amount of Agreement
Payment shall be made on the basis of the Program Budget which is
part of the Program Application, a copy of which is attached
hereto and made a part hereof, provided that no more than
one million five hundred twenty-eight thousand, six hundred
eight -nine and no2100 dollars
( 1,528,689.00 ) shall be paid from combined
County and State funds during the life of this Agreement; provided
further that $ 412 765.00 of the above amount is
the County appropriation contributed to the Title IV-D program.
C. Technical Assistance
The Department, through its Office of Child Support, shall provide
to the Contractor, such assistance including referrals and case
information necessary to assist in carrying out the provisions of
Title IV-D of the Social Security Act and applicable State statutes.
The Department shall furnish the Contractor any Departmental
forms and instructions necessary to carry out the requirements of
this Agreement.
Agreement Inclusiveness
This Agreement is intended by the parties as the complete and
final expression of their agreement with respect to the terms
included herein, and may not be contradicted by evidence of any
prior or contemporaneous agreement, oral or otherwise.
IN WITNESS WHEREOF, the Department, Contractor,. and Provider have
caused this Agreement to be executed by their respective officers duly
authorized to do so.
• Dated at Michigan FRIEND OF THE COURT
(Provider)
this day of , 19 By:
WITNESS:
Dated at , Michigan OAKLAND COUNTY
(Contracto0
this day of , 19 By: CFai rperson
WITNESS: Oakland County Board of Comissi on.ers
Dated at , Michigan MICHIGAN DEPARTMENT
OF SOCIAL SERVICES
this day of , 19 By:
Noble P. Kheder, Director
WITNESS:
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#83004 February 3, 1983
day of February 1983
Moved by Caddell supported by Perinoff the resolution be adopted.
AYES: Moore, Nelson, Olsen, Perinoff, Pernick, Wilcox, Aaron, Caddell,
Calandro, Doyon, Foley, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald,
McPherson, Moffitt. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution ;4' 83004 adopted by the Oakland County Board of Commissioners
at their meeting held on February 3, 1983
with the original record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
LYNN/D. ALLEN, County Clerk/Register of
DoLltv Cl e rk
this 3rd