HomeMy WebLinkAboutResolutions - 2016.05.05 - 22342REPORT (MR #16096) May 5, 2016
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND/TROY AIRPORT— 2016 MDOT
CONTRACT — OPERATION AND MAINTENANCE OF WEATHER OBSERVATION AND DATA
DISSEMINATION SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution, recommends the following
amendments:
1. Add: WHEREAS the County will pay one hundred percent (100%) of the operational costs
for electrical power usage and telephone lines and reimburse MDOT for 50% of the
maintenance costs and system service charges incurred by MDOT; the Airport Fund will
cover the costs required in the contract; and
2. Add: WHEREAS the contract will be in effect for three years beginning February 8, 2016.
3. Strike
: and
4. Strike the last WHEREAS paragraph:
5. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the three-year contract between the Michigan Department of Transportation and
the County of Oakland effective February 8, 2016,
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward absent.
MISCELLANEOUS RESOLUTION #16096 April 21,2016
BY: Planning and Building Committee, Philip Weipert, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND/TROY AIRPORT — 2016 MDOT
CONTRACT — OPERATION AND MAINTENANCE OF WEATHER OBSERVATION AND DATA
DISSEMINATION SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Contract No. 2016-
0137, for the continued operation and maintenance of a Weather Observation and Data Dissemination System
(SYSTEM) at Oakland/Troy Airport; and
WHEREAS the SYSTEM is made up of three components or subsystems, commonly known as (a) the
Automated Weather Observation System (AWOS), (b) a system to collect the AWOS data for national
dissemination (Data Collection System) and (c) a Weather Briefing System; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the contract; and
WHEREAS the Airport Committee has reviewed the contract and recommends approval of the contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and
WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R.
#13180, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
contract.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the contract.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING AND BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Jackson absent.
CONTRACT NO. 2016-0137
MICHIGAN DEPARTMENT OF TRANSPORTATION
COUNTY OF OAKLAND
CONTRACT
This Contract is made and entered into this date of by and between the
Michigan Department of Transportation (MDOT) and the County of Oakland (AGENCY) for the
purpose of setting forth the obligations and intent of MDOT and the AGENCY as they pertain to
the continued operation and maintenance of a Weather Observation and Data Dissemination
System (SYSTEM) at the Oakland/Troy Airport in Troy, Michigan, to enhance aviation safety
and efficiency.
Recital:
The SYSTEM is made up of three components or subsystems, commonly known as (a) the
Automated Weather Observation System (AWOS), (h) a system to collect the AWOS data for
national dissemination (Data Collection System), and (c) a Weather Briefing System.
The parties agree that:
THE AGENCY WILL:
1. Retain ownership of all components of the AWOS but not the Weather Briefing System
or the Data Collection System.
2. Continue to provide the following:
a. For the Weather Briefing System component:
1. A suitable location for a three-foot diameter satellite dish.
A location within the terminal building for the weather briefing system
equipment that is available to pilots during the terminal building's normal
business hours.
b. For the AWOS component:
1. A location within the airport's boundaries that meets the installation
requirements of the current version of Federal Aviation Administration
(FAA) Order 6560.20.
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A location within the terminal building for the AWOS data display.
Access by pilots to this location during normal business hours will be at
the discretion of the AGENCY.
c. For the Data Collection System component: A location within the terminal
building for the computer.
3. Provide up to two local telephone lines and electrical power in accordance with the
following:
a. The telephone lines must be single party lines. One will be dedicated to the
AWOS component and one optional line will be dedicated to the Weather
Briefing System component.
b. Electrical power requirements:
1. 240V, 60Hz, 15 amp, or greater circuit dedicated to the AWOS
component.
120V, 60Hz, 15 amp, or greater circuit for the Weather Briefing System
component and the Data Collection System component.
Pumps, motors, and similar Units must be on a separate circuit.
4. Not charge for direct or telephone dial-up access to the AWOS or dial out of the Weather
Briefing System if the optional telephone line for that system is provided.
5. Provide MDOT, its maintenance representative, and/or the Data Collection System
service provider (Provider) with access to the SYSTEM upon advance notice for
maintenance and for installation, if necessary.
6. Pay one hundred percent (100%) of the operational costs for electrical power usage and
the telephone lines. These costs cannot be applied as credit toward the AGENCY's fifty
percent (50%) share of the maintenance costs and service charges.
7. Pay MDOT fifty percent (50%) of the maintenance costs and SYSTEM service charges
incurred by MDOT, including administrative costs and costs of scheduled and
unscheduled work performed under this Contract, upon being invoiced by MDOT. (See
Attachment 1 for AWOS maintenance costs that could be incurred by MDOT.)
Maintenance costs incurred by the AGENCY will not be included in the total costs
incurred by MDOT, nor will they be applied as credit toward the AGENCY's fifty
percent (50%) share of the maintenance costs and service charges.
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8. Pay one hundred percent (100%) of the costs to repair damaged underground AWOS
cables. If MDOT conducts these repairs, the AGENCY will be invoiced for one hundred
percent (100%) of the costs. The AGENCY may pay MDOT directly for reimbursement
of these repair costs or may file a claim with its insurance company for reimbursement.
(See Section 11 below.) The AGENCY will not be liable for any costs for repairs to any
AWOS cable damaged by MDOT.
9. Perform at its sole expense the following maintenance activities:
a. Keep the area within one hundred (100) feet of the AWOS mowed to a height not
to exceed ten (10) inches.
b. Protect the integrity of any underground cables by preventing any trenching or
tilling over them.
c. Protect the area within one thousand (1,000) feet of the AWOS wind sensors by
preventing any construction, clearing those trees identified by MDOT, and
controlling the growth of all trees and vegetation in the area, including preventing
the growth of any vegetation within the stone pad area around the AWOS and
removing any vegetation that grows within this pad.
d. Provide assistance to MDOT, the Provider, and the weather briefing service
provider for minor troubleshooting, such as checking telephone circuits for dial
tone, making visual inspections of sensors, resetting circuit breakers and
equipment, making display and equipment checks, replacing units, and resolving
telecommunication/internet connection issues.
e. Clear snow from AWOS access road, as necessary.
10. Not modify the SYSTEM in any way without the express written consent of MDOT, the
FAA, and/or the Provider.
11. The AGENCY or its operators and vendors will continue to maintain, for the duration of
this Contract, insurance or self-insurance of the types and amounts provided herein with
insurance companies authorized to do business in the State of Michigan. Such insurance
or self-insurance will cover all operations under this Contract. The AGENCY will
furnish MDOT with (a) certificate(s) of insurance or self-insurance in a form satisfactory
to MDOT. The certificate(s) will provide that the policies will not be changed or
cancelled until thirty (30) days written notice of change or cancellation is given to
MDOE In the event that a written notice of material change or cancellation is given,
MDOT may, at its option, terminate this Contract.
a. Workers' Compensation Insurance or self-insurance providing coverage
consistent with the workers' compensation statutes and rules for the State of
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Michigan. Employer's Liability Insurance with minimum limits of Three
Hundred Thousand Dollars ($300,000.00) per occurrence will be provided.
b. Comprehensive General Liability Insurance or self-insurance providing limits of
Three Hundred Thousand Dollars ($300,000.00) per occurrence and Five
Hundred Thousand Dollars ($500,000,00) aggregate will be provided. Property
damage limits of at least One Hundred Thousand Dollars ($100,000.00) will be
included. A combined single limit policy of Three Hundred Thousand Dollars
($300,000.00) per occurrence and Five Hundred Thousand Dollars ($500,000.00)
aggregate may be utilized. Coverage will include minimum personal injury
protection and contractual liability.
c. Property Insurance or self-insurance providing replacement cost coverage for the
systems, including all cabling, that are part of this Contract. Coverage will be in
the amount of One Hundred Seventy-Five Thousand Dollars ($175,000.00) per
occurrence.
12. Allow MDOT to review all new construction plans for compliance with current AWOS
siting standards as set forth in the latest version of FAA Order 6560.20.
13. Comply with any and all federal, state, and local statutes, ordinances, and regulations
and obtain all permits that are applicable to the entry into and the performance of this
Contract.
MDOT WILL:
14. Arrange with the Provider for the installation of the Data Collection System, if necessary.
Make installation arrangements with the Weather Briefing System provider if necessary.
15. Pay all invoices associated with the operation and maintenance of the SYSTEM except
the invoices for electrical power and the telephone lines.
16. Bill the AGENCY for fifty percent (50%) of the service charges and maintenance costs
incurred by MDOT for providing management of the SYSTEM and the entire weather
network and for conducting scheduled and unscheduled maintenance of the AWOS. (See
Attachment 1 for AWOS maintenance costs that could be incurred by MDOT.)
17. Bill the AGENCY for one hundred percent (100%) of the costs incurred by MDOT for
repairing damaged AWOS cables. MDOT will not bill the AGENCY for costs incurred
to repair any AWOS cables damaged by MDOT.
18. Perfarni the FAA-required scheduled and unscheduled maintenance of the AWOS.
MDOT will provide the FAA Form 6030-1 logbook for entry of all maintenance
activities.
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19. Replace defective boards and components with serviceable spare items from MDOT's
inventory of spare items. In addition, MDOT will make necessary arrangements for the
purchase of replacement items or factory repairs when necessary and will pay the factory
for those purchases and repairs and for shipping. MDOT will bill the AGENCY for these
costs in accordance with Section 16 above.
20. Provide the AGENCY with advance notice of intent to perform scheduled and
unscheduled maintenance to allow satisfactory arrangements to be made for access to the
SYSTEM.
21. Train AGENCY personnel on proper procedures for making entries in the FAA Folin
6030-1 logbook and the AWOS equipment logbook.
22. Act as the AGENCY's representative regarding compliance with FAA rules, regulations,
advisory circulars, and directives pertaining to the maintenance and operation of the
AWOS.
23. Act as the AGENCY' s representative regarding compliance with Federal
Communications Commission (FCC) rules and regulations, including modification and
renewal of the FCC license for the AWOS transmitter.
24. Discontinue the weather briefing and data collection services and remove the associated
components in the event of the following:
a. The AGENCY does not comply with the provisions of this Contract; or
b. The AGENCY no longer wishes to participate in the program.
GENERAL CONDITIONS:
25. The Provider will retain ownership of the Data Collection System, and the Weather
Briefing System provider will retain ownership of the Weather Briefing System.
26. The AGENCY (hereinafter in Appendix A referred to as the "contractor") will comply
with the State of Michigan provisions for "Prohibition of Discrimination in State
Contracts," as set forth in Appendix A, dated June 2011, attached hereto and made a part
hereof. This provision will be included in all subcontracts relating to this Contract.
27, In accordance with 1980 PA 278, MCL 423.321 et seq., the AGENCY, in performance of
this Contract, will not enter into a contract with a subcontractor, manufacturer, or supplier
listed in the register maintained by the United States Department of Labor of employers
who have been found in contempt of court by a federal court of appeals on not less than
three (3) occasions involving different violations during the preceding seven (7) years for
failure to correct unfair labor practices, as prohibited by Section 8 of Chapter 372 of the
National Labor Relations Act, 29 USC 158. MDOT may void this Contract if the name
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of the AGENCY or the name of a subcontractor, manufacturer, or supplier utilized by the
AGENCY in the performance of this Contract subsequently appears in the register during
the performance period of this Contract.
28. Each party to this Contract will remain responsible for any claims arising out of that
party's performance of this Contract, as provided by this Contract or by law.
This Contract is not intended to increase or decrease either party's liability for or
immunity from tort claims.
• This Contract is not intended to nor will it be interpreted as giving either party a right of
indemnification, either by contract or by law, for claims arising out of the performance of
this Contract.
MDOT will not be subject to any obligations or liabilities by contractors of the AGENCY
or their subcontractors or any other person not a party to the Contract without its specific
consent and notwithstanding its concurrence with or approval of the award of any
contract or subcontract or the solicitation thereof.
It is expressly understood and agreed that the AGENCY will take no action or conduct
that arises either directly or indirectly out of its obligations, responsibilities, and duties
under this Contract that results in claims being asserted against or judgments being
imposed against the State of Michigan, the Michigan State Transportation Commission,
the Michigan Aeronautics Commission, MDOT, and/or the FAA, as applicable.
In the event that the same occurs, it will be considered as a breach of this Contract,
thereby giving the State of Michigan, the Michigan State Transportation Commission, the
Michigan Aeronautics Commission, MDOT, and/or the FAA, as applicable, a right to
seek and obtain any necessary relief or remedy, including, but not limited to, a judgment
for money damages.
29. With regard to claims based on goods or services that were used to meet the AGENCY's
obligation to MDOT under this Contract, the AGENCY hereby irrevocably assigns its
right to pursue any claims for relief or causes of action for damages sustained by the State
of Michigan or MDOT due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA
274, MCL 445.771 - 445.788, excluding Section 4a, to the State of Michigan or MDOT.
The AGENCY shall require any subcontractors to irrevocably assign their rights to
pursue any claims for relief or causes of action for damages sustained by the State of
Michigan or MDOT with regard to claims based on goods or services that were used to
meet the AGENCY's obligation to MDOT under this Contract due to any violation of 15
USC, Sections 1 - 15, and/or 1984 PA 274, MCL 445.771 - 445.788, excluding Section
4a, to the State of Michigan or 1V1DOT as a third-party beneficiary.
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The AGENCY shall notify MDOT if it becomes aware that an antitrust violation with
regard to claims based on goods or services that were used to meet the AGENCY's
obligation to MDOT under this Contract may have occurred or is threatened to occur.
The AGENCY shall also notify MDOT if it becomes aware of any person's intent to
commence, or of commencement of, an antitrust action with regard to claims based on
goods or services that were used to meet the AGENCY's obligation to MDOT under this
Contract.
30. Either party may terminate this Contract upon sixty (60) days written notice to the other
party.
31. The parties agree that this Contract constitutes the entire contract between the parties and
supersedes any and all prior contracts or oral understandings.
32. This Contract will be in effect from February 8, 2016, through three (3) years, unless it is
terminated by either party in accordance with Section 30. This Contract may be renewed
in writing upon the mutual agreement of the parties not less than (30) thirty days before
expiration. This Contract may be renewed for up to two additional one-year periods.
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33. This Contract will become binding on the parties and of fall force and effect upon signing
by the duly authorized representatives of the AGENCY and MDOT and upon adoption of
a resolution approving said Contract and authorizing the signature(s) thereto of the
respective representative(s) of the AGENCY, a certified copy of which resolution will be
sent to MDOT with this Contract, as applicable.
COUNTY OF OAKLAND
By:
Title:
By:
Title:
MICHIGAN DEPARTMENT OF TRANSPORTATION
By:
Title: Department Director
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ATTACHMENT 1
Items Included in AWOS Maintenance Expenses That Could Be Incurred by MDOT
Scheduled Maintenance
Inspections FAA-required annual and two tri-annual inspections in accordance with the FAA-
approved AWOS Manufacturer's Logbook. Expenses include labor and travel.
Preventative May include, but is not limited to, such items as testing and servicing of
uninterruptible power supply (UPS) and batteries, cleaning aspirator fan and tube,
measuring processor and ceilometer battery levels, overall cleaning and checking
condition of all components. Expenses may include labor, travel, and materials.
Unscheduled Maintenance
Outages Includes troubleshooting and repairs and may include replacement of defective
components with MDOT serviceable spares. May also include the costs to repair
defective items by outside facilities and/or the purchase of new replacement
items. Expenses include labor, travel, materials, outside vendor repairs and
purchases, and shipping.
Administration
Involves a share of the oversight of the entire weather network, and includes
activities that are not location-specific but are general in nature to all locations.
Expenses include, but are not limited to, contract administration and compliance,
system monitoring, calibration and repair of required test equipment and
standards, items and supplies purchased that will be used for all locations, and
time spent to arrange and coordinate inspection schedules with the FAA and to
review Miss Dig tickets.
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Public Act 453 of 1976 (Elliott-Larsen Civil Rights Act), the
contractor shall not discriminate against an employee or applicant for employment with
respect to hire, tenure, treatment, 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. A breach of this covenant will
be regarded as a material breach of this contract. Further, in accordance with Public Act
220 of 1976 (Persons with Disabilities Civil Rights Act), as amended by Public Act 478
of 1980, 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 a disability that is
unrelated to the individual's ability to perform the duties of a particular job or position. A
breach of the above covenants will be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a
portion of the work set forth in this contract is to be performed, shall contain a covenant
the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to ensure that applicants for employment and
employees are treated without regard to their race, color, religion, national origin, age,
sex, height, weight, marital status, or any disability that is unrelated to the individual's
ability to perform the duties of a particular job or position. Such action shall include, but
not be limited to, the following: employment; treatment; upgrading; demotion or transfer;
recruitment; advertising; layoff or termination; rates of pay or other fauns of
compensation; and selection for training, including apprenticeship.
4. The contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, national origin, age, sex, height,
weight, marital status, or disability that is unrelated to the individual's ability to perform
the duties of a particular job or position.
5. The contractor or its collective bargaining representative shall send to each labor union or
representative of workers with which the contractor has a collective bargaining
agreement or other contract or understanding a notice advising such labor union or
workers' representative of the contractor's commitments under this Appendix.
6. The contractor shall comply with all relevant published rules, regulations, directives, and
orders of the Michigan Civil Rights Commission that may be in effect prior to the taking
of bids for any individual state project.
7. The contractor shall furnish and file compliance reports within such time and upon such
fo Sins as provided by the Michigan Civil Rights Commission; said forms may also elicit
information as to the practices, policies, program, and employment statistics of each
subcontractor, as well as the contractor itself, and said contractor shall permit access to
the contractor's books, records, and accounts by the Michigan Civil Rights Commission
and/or its agent for the purposes of investigation to ascertain compliance under this
contract and relevant rules, regulations, and orders of the Michigan Civil Rights
Commission.
8. In the event that the Michigan Civil Rights Commission finds, after a hearing held
pursuant to its rules, that a contractor has not complied with the contractual obligations
under this contract, the Michigan Civil Rights Commission may, as a part of its order
based upon such findings, certify said findings to the State Administrative Board of the
State of Michigan, which State Administrative Board may order the cancellation of the
contract found to have been violated and/or declare the contractor ineligible for future
contracts with the state and its political and civil subdivisions, departments, and officers,
including the governing boards of institutions of higher education, until the contractor
complies with said order of the Michigan Civil Rights Commission. Notice of said
declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In
any case before the Michigan Civil Rights Commission in which cancellation of an
existing contract is a possibility, the contracting agency shall be notified of such possible
remedy and shall be given the option by the Michigan Civil Rights Commission to
participate in such proceedings.
9. The contractor shall include or incorporate by reference, the provisions of the foregoing
paragraphs (1) through (8) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Michigan Civil Rights Commission; all subcontracts
and purchase orders will also state that said provisions will be binding upon each
subcontractor or supplier.
Revised June 2011
Resolution #16096 April 21, 2016
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #16096) May 5, 2016
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES — OAKLAND/TROY AIRPORT — 2016 MDOT
CONTRACT — OPERATION AND MAINTENANCE OF WEATHER OBSERVATION AND DATA
DISSEMINATION SYSTEM
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. Oakland County is in receipt of Michigan Department of Transportation Contract No. 2016-0137,
for the continued operation and maintenance of a Weather Observation and Data Dissemination
System (SYSTEM) at Oakland/Troy Airport.
2. The SYSTEM is made up of three components or subsystems, commonly known as (a) the
Automated Weather Observation System (AWOS), (b) a system to collect the AWOS data for
national dissemination (Data Collection System) and (c) a Weather Briefing System.
3. The County will pay one hundred percent (100%) of the operational costs for electrical power
usage and telephone lines and costs to repair damaged underground AWOS cables. In addition,
the County will pay Michigan Department of Transportation (MDOT) fifty percent (50%) of the
maintenance costs and service charges incurred by MDOT; the Airport Fund will cover the costs
required in the contract.
4. The Airport Committee has reviewed the contract and recommends acceptance of the contract.
5. The contract is effective from February 8, 2016 through three (3) years.
6. The Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the contract.
7. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward absent.
Resolution #16096 April 21, 2016
Moved by Fleming supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, McGillivray,
Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Crawford. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda
were adopted (with accompanying reports being accepted).
HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVIC
ACTING PURSUANT TO MCI. 45.559A Ci
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 5, 2016, 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 5th day of May, 2016.
Lisa Brown, Oakland County