HomeMy WebLinkAboutResolutions - 2018.01.17 - 23232MISCELLANEOUS RESOLUTION #18004 January 17, 2018
BY: William Dwyer, Chairperson, Public Services Committee
IN RE: FRIEND OF THE COURT — FY2018 ACCESS AND VISITATION GRANT — ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State Court Administrative Office (SCAO) has awarded the Friend of the Court grant
funding in the amount of $17,500 for the period of October 1, 2017 through September 30, 2018; and
WHEREAS this is the twenty-first (21st) year of the grant acceptance for this program; and
WHEREAS this grant is for services to be performed in conjunction with Impact Consulting, Inc., which
facilitates parenting time (visitation) for certain cases as determined by the Court; and
WHEREAS matching funds are not required by the grant from Impact Consulting, Inc. or the Oakland
County Friend of the Court; and
WHEREAS the grant agreement has completed the County Executive Contract Review Process in
accordance with the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY
2018 Access and Visitation Grant Agreement from the State Court Administrative Office (SCAO) in the
amount of $17,500 for the period of October 1, 2017 through September 30, 2018.
BE IT FURTHER RESOLVED that the Oakland County Friend of the Court will contract with Impact
Consulting, Inc. to provide services as detailed in the grant award.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment, and any program costs associated with this grant are contingent upon future levels of grant
funding.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant agreement and to approve any grant extensions or changes within fifteen percent
(15%) of the original award, which is consistent with the original agreement as approved.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
CommissioneeWillidr(Dwytr, District 14
Chairperson, Public Services Committee
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
PLEASE NOTE: The grant agreement has been revised to include "self-insurance" as
requested during the grant review. The revised grant agreement also includes an additional
$2,500 of funding.
GRANT REVIEW SIGN OFF — Friend of the Court
GRANT NAME: FY 2018 Access and Visitation Grant
FUNDING AGENCY: State Court Administrative Office
DEPARTMENT CONTACT PERSON: Suzanne Hollyer 248 858-0431
STATUS: Grant Acceptance
DATE: December 11, 2017
Pursuant to Misc. Resolution #17194, please be advised the captioned grant materials have completed
internal grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of
Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal
Note, and this Sign Off email containing grant review comments) may be requested to be placed on the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approval reaffirmed. — Laurie Van Pelt (12/7/2017)
Department of Human Resources:
HR Approved — Lori Taylor (12/8/2017)
Risk Management and Safety:
Approved by Risk Management with the following recommended modification:
Section 11. INSURANCE, 11.01 should have the wording "or self-insurance" inserted after the
word "insurance" and before the word "coverage" in the first sentence. —Robert Erlenbeck (12/5/2017)
Modification approved by Risk Management. — Robert Erlenbeck (12/7/2017)
Corporation Counsel:
The updated agreement has no unresolved legal issues at this time. - Heather L. Lewis (12/11/2017)
Contract Between the State Court Administrative Office and
6th Circuit Court
Contract No. &A0-2o18-o19
1. GENERAL PROVISIONS
1.01 This contract is made between the State Court Administrative Office,
Lansing, Michigan (SCAO) and 6th Circuit Court, Oakland County Friend of the Court
(the Provider).
1.02 This contract is to provide direct services that support and facilitate
noncustodial parents' access to and visitation with their children. Mediation of
parenting time and development of parenting plans where the goal is to increase the
non-custodial parent's time with his/her children are eligible for reimbursement under
this contract. This program is administered by the Department of Health and Human
Services, Administration for Children and Families, Catalog of Federal Domestic
Assistance Number 93.597.
1.03 In consideration of the mutual promises and covenants in this contract,
and the benefits to be derived from this contract, the parties agree as follows:
2. TERM OF CONTRACT
2.01 This contract becomes effective October 1, 2017.
2.02 This contract terminates on September 30, 2018, at 11:59 p.m.
2.03 In the event that an extension of this contract is desired, the parties must
agree to the extension in writing.
3. RELATIONSHIP
3.01 The Provider is an independent contractor, and it is understood the
Provider is not an employee of the SCAO. No employee or subcontractor of the Provider
is an employee of the SCAO.
3.02 No liability or benefits, including, but not limited to, retirement benefits or
liabilities, pension rights or liabilities, insurance rights or liabilities, fringe benefits,
training, holiday pay, sick pay, vacation pay, or such other rights, provisions, or
liabilities arising out of an agreement of hire or employer-employee relationship, either
express or implied, shall arise or accrue to either party as a result of this contract. The
Provider is not eligible for, and will not participate in, any such benefits.
3.03 The Provider is responsible for payment of all taxes, including federal,
state, and local taxes arising out of the Provider's activities in accordance with this
contract, including, but not limited to, income taxes, social security taxes,
unemployment insurance taxes, and any other taxes or fees.
3.04 The Provider shall not direct the work or commit the working time of any
SAO employee under this contract. To the extent that the Provider seeks the assistance
of any SAO employee to perform the Provider's responsibilities under this contract, the
Provider must obtain prior written approval from the state court administrator or his
designee.
Contract No. SCA0-2018-019
December 8, 2017
Page 2
3.05 The Provider does not, and shall not, have the authority to enter into
contracts on the SCAO's behalf.
3.06 Under Executive Order 12549, "Debarment and Suspension" (45 CFR §
92.35), states are prohibited from entering into contracts with parties appearing on the
System for Award Management Excluded Parties List
ihttps://www.sam.gov/portal/public/SAM/1 . If after executing this Contract the
contractor or subcontractor subsequently appears on the Excluded Parties List System,
the SCAO may terminate this Contract.
4. SCOPE OF SERVICES
4.01 Under the direction of the SCAO, the Provider will provide supervised
(including monitored and therapeutic) parenting time and/or neutral drop-off and pick-
up services. Those services will include, but not be limited to, the following projects
and initiatives:
4.01.01 Maintain safeguard procedures that assure the
confidentiality of service recipients' personal information and that ensure
that the direct services are conducted in safe and neutral environments.
4.01.02 Comply with all monitoring, evaluation, and reporting
requirements in accordance with regulations prescribed by the Federal
Secretary of Health and Human Services, and comply with the SCAO's
financial and reporting requirements.
4-01.03 Prepare, complete, and submit a quarterly "Program
Worksheet" and "Access and Visitation Grant Program Invoice" to the
SCAO by 5:00 p.m. on the following dates:
Reporting Period: Due Date to SCAO:
1st Quarter October 1, 2017 — December 31, 2017 January 25, 2018
2nd Quarter January 1, 2018 — March 31, 2018 April 25, 2018
3rd Quarter April 1, 2018 — June 30, 2018 July 25, 2018
4th Quarter July 1, 2018 — September 30, 2018 October 5, 2018
4 01.04 Permit the SCAO or any of its identified agents to inspect,
observe, and monitor the facilities and program operations authorized by
this Contract by conducting site visits, interviewing direct service
providers, and viewing court and service provider case records, receipts,
client/user complaints, and internal statistical service reports.
4.01.05 Assess, during mid-fiscal year, the direct service
expenditures and project anticipated unspent funds. The Provider agrees
that the SCAO, in consultation with the Provider, may amend this Contract
by downwardly adjusting the award amount to permit redistribution of
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Contract No. SCA0-2018-019
December 8, 2017
Page 3
funds to other currently funded Access and Visitation Grant Program
contracts if it appears that the Provider will under-spend the original
Contract amount.
4.02 The Provider shall, during the contract term or any extension thereof, use
the Provider's best efforts and endeavors to promote the interests of the SCAO. The
Provider, and the Provider's employees or subcontractors, shall devote such time,
attention, skill, knowledge, and professional ability as is necessary to most effectively
and efficiently carry out and perform the services as described in this contract and in
any amendments to this contract.
4.03 Commitment of state resources for the acquisition of goods and services,
and execution of purchase orders, contracts, and similar agreements, shall remain the
sole responsibility of the SCAO.
5. PERFORMANCE AND PRICING
5.01 The SCAO agrees to pay the Provider a sum not to exceed $ 17,500.00 for
the services performed pursuant to this contract. This sum includes all services, costs,
fees and expenses.
5.02 The compensation for services performed pursuant to this contract is
inclusive of any and all remuneration to which the Provider is entitled. The Provider
shall be responsible for all payment of all expenses the Provider incurs under this
contract, including, but not limited to, license fees, memberships and dues, automobile
and other expenses, insurance premiums, telephone costs, and all salary, expenses, and
other compensation paid to the Provider's employees or contract personnel that the
Provider hires or retains.
5.03 The Contractor agrees to abide by applicable provisions of the "Cost
Principals for State and Local Governments" issued in 2 CFR 225.
5.04 Funding provided by this Agreement may not be used to supplant any
funding currently spent on access and visitation programs and may not be utilized for
any project already funded by the state or the Title IV-D Cooperative Reimbursement
Agreements, unless the money is used to enhance or supplement an established
program. Clear distinctions will be made according to acceptable accounting principles,
including documentation of the separation of tasks between W-D personnel and grant
personnel, between projects currently funded by W-D and enhancements or
supplements to projects receiving funding by this Agreement.
5.05 Under no circumstance will Title W-D funding be utilized to pay for any
expenses, administrative or otherwise, incurred from direct services provided as part of
the Federal Grants to States for Access and Visitation.
6. ASSIGNMENT
6.01 The Provider may not assign the performance under this contract to
subcontract personnel other than those identified in the Provider's grant application
except with the prior written approval of the SCAO.
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Contract No. SCA0-2018-019
December 8, 2017
Page 4
7. METHOD OF PAYMENT
7.01 All payments for the proper performance of the contract shall be made by
the SCAO quarterly, upon the submission by the Provider of invoices for approval by the
SCAO on a form approved by the SCAO. The invoices shall include a specification of the
hours worked, hourly salary, and the detailed services provided by the Provider, and/or
for each of the Provider's or approved subcontractor's staff, during the period for which
payment is sought.
8. CONFIDENTIAL INFORMATION
8.01 In order that the Provider's employees or subcontractors may effectively
provide fulfillment of this contract to the SCAO, the SCAO may disclose confidential or
proprietary information pertaining to the SCAO's past, present, and future activities to
the Provider. All such information is proprietary to the SAO and Provider shall not
disclose such information to any third party without prior approval from the SCAO. The
Provider agrees to return all confidential or proprietary information to the SCAO
immediately upon the termination of this contract.
9. RIGHTS TO WORK PRODUCT
9.01 All reports, programs, manuals, tapes, listings, documentation, and any
other work product prepared by the Provider under this contract, and amendments
thereto, shall belong to the SCAO and are subject to copyright or patent only by the
SCAO. The SAO shall have the right to obtain from the Provider original materials
produced under this contract and shall have the right to distribute those materials.
9.02 The SCAO grants the Provider a royalty-free, nonexclusive license to use
anything developed in the course of executing this contract if the work product enters
the public domain.
9.03 The SCAO shall have copyright, property, and publication rights in all
written or visual material or other work products developed in connection with this
contract. The Provider shall not publish or distribute any printed or visual material
relating to the services provided under this contract without the prior explicit
permission of the SCAO.
10. WRITTEN DISCLOSURE
10.01 The Provider and the Provider's employees or subcontractors shall
promptly disclose in writing to SAO all writings, inventions, improvements, or
discoveries, whether copyrightable, patentable, or not, which are written, conceived,
made, or discovered by the Provider or the Provider's employees or subcontractors
jointly with the SAO or singly by Provider or the Provider's employees or
subcontractors while engaged in activity under this contract. As to each such disclosure,
the Provider shall specifically point out the features or concepts that are new or
different.
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Contract No. SCA0-2018-019
December 8, 2017
Page 5
10.02 The SCAO shall have the right to request the assistance of the Provider and
the Provider's employees or subcontractors in determining and acquiring copyright,
patent, or other such protection at the SCAO's invitation and request.
10.03 The Provider represents and warrants that there are at present no such
writings, inventions, improvements, or discoveries (other than in a copyright, copyright
application, patent, or patent application) that were written, conceived, invented, made,
or discovered by the Provider or the Provider's employees before entering into this
contract, and which the Provider or the Provider's employees desire to remove from the
provisions of this contract, except those specifically set forth by attachment hereto.
11. INSURANCE
11.01 The Provider shall carry and provide verification of insurance or self-
insurance coverage in such amounts as necessary to cover all claims arising out of the
Provider's operations under the terms of this contract.
12. INDEMNITY
12.01 Unless § 12.02 applies, the Provider agrees to indemnify, defend, save, and
hold harmless the SCAO, the Michigan Supreme Court, their agents, officers, and
employees from any liabilities, obligations, damages, penalties, claims, costs, fees,
charges, and expenses (including, but not limited to, fees and expenses of attorneys,
expert witnesses, and other consultants) that may be imposed upon, incurred by, or
asserted against the SCAO or the Michigan Supreme Court by reason of the Provider's
acts or services provided under this contract. Indemnity is not limited by: (1) failure to
procure and/or maintain insurance for Provider or Provider's subcontractors; (2) failure
to procure and/or maintain sufficient insurance for Provider or Provider's
subcontractors; or (3) by operation of insurance deductibles, holdbacks, or minimums.
12.02 If the Provider is a local unit of government, that is a political subdivision
and instrumentality of the State of Michigan, or an office, department or agency thereof,
the following liability provisions apply:
A. All liabilities, obligations, damages, penalties, claims, costs, fees, charges,
and expenses (including, but not limited to, fees and expenses of
attorneys, expert witnesses, and other consultants) resulting from claims,
demands, costs, or judgments arising out of activities or services carried
out by the Provider in the performance of this contract, shall be the
responsibility of the Provider, and not the responsibility of the SCAO.
Nothing in this subsection is, nor shall be construed as, a waiver of
governmental immunity.
B. All liabilities, obligations, damages, penalties, claims, costs, fees, charges,
and expenses (including, but not limited to, fees and expenses of
attorneys, expert witnesses, and other consultants) resulting from claims,
demands, costs, or judgments arising out of activities or services carried
out by the SCAO in the performance of this contract, shall be the
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Contract No. SCA0-2018-019
December 8, 2017
Page 6
responsibility of the SCAO, and not the responsibility of the Provider.
Nothing in this subsection is, nor shall be construed as, a waiver of
governmental immunity.
C. In the event that liabilities, obligations, damages, penalties, claims, costs,
fees, charges, and expenses (including, but not limited to, fees and
expenses of attorneys, expert witnesses, and other consultants) resulting
from third party claims, demands, costs, or judgments arise as a result of
activities conducted jointly by the Provider and SCAO in fulfillment of
their responsibilities under this contract, such liabilities, obligations,
damages, penalties, claims, costs, fees, charges, and expenses shall be
borne by the Provider and SAO in relation to each party's responsibilities
under these joint activities. Nothing in this subsection is, nor shall be
construed as, a waiver of governmental immunity.
12.03 The Provider also agrees to assume responsibility to safeguard the
Provider's property and materials and that of the Provider's employees or
subcontractors. The SCAO is not responsible and will not be subject to any liability for
any claim related to the loss, damage, or impairment of Provider's property and
materials or the property and materials of the Provider's employees or subcontractors,
used by the Provider pursuant to the Provider's performance under this contract.
12.04 The Provider warrants that it is not subject to any nondisclosure,
noncompetition, or similar clause with current or prior clients or employers that will
interfere with the performance of this contract. The SCAO will not be subject to any
liability for any such claim.
12.05 In the event any action or proceeding is brought against the Provider by
reason of any claim covered under this contract, the Provider will, at the Provider's sole
cost and expense, resist or defend the action or proceeding.
13. TERMINATION
13.01 Each party has the right to terminate this contract without cause by giving
written notice to the other party of such termination at least ten days before the effective
date of such termination.
13.02 The SCAO will pay any compensation due to the Provider at the time of
termination after an invoice is submitted to the SCAO. The Provider will refund any
compensation to the SCAO that was made in excess of the amount invoiced at the time
of termination.
13.03 In the event the Provider dies during the term of this contract, this
contract shall terminate.
14. COMPLIANCE WITH LAWS
14.01 The Provider shall comply with all applicable laws, ordinances, and codes
of the federal, state, and local governments, and shall save and hold the SAO harmless
with respect to any damages arising from any violation of the same by the Provider.
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Contract No. SCA0-2018-019
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Page 7
14.02 In accordance with Title XII of Public Law 103-227, the "PRO-KIDS Act of
1994," smoking may not be permitted in any portion of any indoor facility owned or
regularly used for the provision of health, day care, education, or library services to
children under the age of 18, if the services are funded by federal programs whether
directly or through state or local governments. Federal programs include grants,
cooperative agreements, loans and loan guarantees, and contracts. The law does not
apply to children's services provided in private residences, facilities funded solely by
Medicare or Medicaid funds, and portions or facilities and used for inpatient drug and
alcohol treatment.
14.03 The Contractor will not discriminate against any employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of
employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status pursuant to the Elliott Larsen Civil Rights Act, MCL 37.2101. The
Contractor will also comply with the provisions of the Michigan Persons with
Disabilities Civil Rights Act, MCL 37.1101, and the Federal Rehabilitation Act of 1973, PL
93-112, § 504, 87 Stat 394. The Contractor will comply with the Americans with
Disabilities Act of 1990, 42 USC 12101 et seq., which prohibits discrimination against
individuals with disabilities and provides enforcement standards. Further, the
Contractor will comply with all other federal, state or local laws, regulations and
standards as they may apply to the performance of this Agreement. These awards are
subject to the requirements of Section 106(g) of the Trafficking Victims Protection Act of
2000 (22 USC 7104). The full text of this requirement is found at
http://www.hrsa.gov/grants/trafficking.html.
15. MICHIGAN LAW
15.01 This contract shall be subject to, and shall be enforced and construed
under, the laws of the state of Michigan.
16. CONFLICT OF INTEREST
16.01 The Provider presently has no personal or financial interest, and shall not
acquire any such interest, direct or indirect, that would conflict in any manner or degree
with the performance of this contract.
17. DEBT TO STATE OF MICHIGAN
17.01 The Provider covenants that it is not, and will not become, in arrears to the
state of Michigan or any of its subdivisions upon contract, debt, or any other obligation
to the state of Michigan or its subdivisions, including real property, personal property,
and income taxes.
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Contract No. SCA0-2018-019
December 8, 2017
Page 8
18. MEDIA INTERVIEWS AND ADVERTISEMENTS
18.01 Provider shall not participate in any media interviews or advertisements,
including, but not limited to, discussions with journalists and the issuance of press
releases, or statements relating to the duties performed in this contract, without prior
SAO approval.
19. DISPUTES
19.01 The Provider shall notify the SCAO in writing of the Provider's intent to
pursue a claim against the SAO for breach of any term of this contract within seven
days of discovery of the alleged breach.
19.02 The Provider and the SCAO agree that with regard to any and all disputes,
controversies, or claims arising out of or in connection with or relating to this contract;
or any claim that the SCAO violated any local, state, or federal ordinance, statute,
regulation, law, or common-law doctrine (including discrimination or civil rights
claims); or committed any tort; the parties shall attempt to resolve the dispute through
mediation. Selection of a mediator will be by mutual agreement of the parties.
19.03 The Provider and the SAO agree that, in the event that mediation is
unsuccessful, any disputes, controversies, or claims shall be settled by arbitration.
Selection of an arbitrator will be by mutual agreement of the parties. The decision of the
arbitrator shall be binding on both parties. The award, costs, and expenses of the
arbitration shall be awarded at the discretion of the arbitrator. This agreement to
arbitrate shall be specifically enforceable. A judgment of any circuit court shall be
rendered upon the award made pursuant to submission to the arbitrator.
20. ENTIRE AGREEMENT
20.01 This contract contains the entire agreement between the parties and
supersedes any prior written or oral promises and representations. No other
understanding, oral or otherwise, regarding the subject matter of this contract exists to
bind either of the parties.
21. AMENDMENT
21.01 This contract may be amended only upon written agreement of the parties.
22. DELIVERY OF NOTICE
22.01 Written notices and communications required under this contract shall be
delivered by electronic mail, regular mail, overnight delivery, or facsimile device to the
following:
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Contract No. SCA0-2018-019
December 8, 2017
Page 9
A. The Provider's contact person is:
Suzanne Hollyer
Oakland County Friend of the Court
230 Elizabeth Lake Road
Pontiac, Michigan 48390
hollyerspoakgov.com
B. The SCAO's contact person is:
Michelle Hilliker
Financial and Statistical Management Analyst
State Court Administrative Office
Office of Dispute Resolution
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
hillikerm(&courts.mi.gov
23. SIGNATURE OF PARTIES
23.01 This contract becomes effective when signed by the parties.
IN WITNESS WHEREOF, the SAO and the 6th Circuit Court have executed this
contract:
6th CIRCUIT COURT
By: Date:
Signature
(Printed or typed name)
SIGMA Vendor Self-Service Customer Number: CV0048081
STATE COURT ADMINISTRATIVE OFFICE
By: Date:
Dawn Monk
Chief Operating Officer
9
c #18004) FISCAL NOTE (HIS • January 17, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee,
IN RE: FRIEND OF THE COURT — FY2018 ACCESS AND VISITATION GRANT — ACCEPTANCE
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 authorizes the acceptance of the FY 2018 Access and Visitation grant award of
$17,500 from the State Court Administrative Office (SCAO).
2. The grant period is October 1, 2017 through September 30, 2018.
3. The grant is for contracted services to be performed in conjunction with agencies that facilitate
parenting time (visitation) for certain cases as determined by the Court.
4. The current award of $17,500 is $1,500 less than the FY 2017 amended award of $19,000 but
may be upwardly modified later in the contract year based on SCAO funding availability.
5. There are no in-kind or County matching funds required.
6. A FY 2018 budget amendment is recommended as follows:
FOC ACCESS VISITATION FUND (#27120)
Grant #GR0000000282 Activity GLB, Analysis Type GLB, Bud Ref 2018
FY 2018
Revenue
3010404-126030-610313 Federal Operating Grants
Total Revenue
$4,500
$4,500
Expenditure
3010404-126030-731458 Professional Services $4,500
Total Expenditure $4,500
Q
A
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Zack absent.
Resolution #18004 January 17, 2018
Moved by Bowman supported by Dwyer the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Jackson, KowaII, Long, McGillivray, Quarles,
Spisz, Taub, Tietz, Weipert, Woodward, Berman, Bowman, Crawford. (17)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
1 WNW APPROVE THIS RFRnuiTION
CHIEF DEPUTY Co( wry' Exk".7(Ai
ACTING PURSUANT TO ivic.1. 46.ct;iiik
3pe
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 January 17,
2018, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 17th day of January, 2018.
Lisa Brown, Oakland County