HomeMy WebLinkAboutResolutions - 1996.03.07 - 24825MISCELLANEOUS RESOLUTION 196041 March 7, 1996
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
RE: CIRCUIT COURT/FRIEND OF THE COURT - 1996 COOPERATIVE
REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Social Services, Office
of Child Support has approved Oakland County Friend of the
Court's 1996 Title IV-D Cooperative Reimbursement Program (CRP)
Contract, effective January 1, 1996 through December 31, 1996;
and
WHEREAS the 1996 Title IV-D program totals $8,928,131 of
which $712,704 will be funded by fees collected, with the
balance, $8,215,427, funded by the State, ($5,819,315) and the
County ($2,396,112); and
WHEREAS the 1996 award represents a 2.0k increase over 1995;
and
WHEREAS the contract has been approved by the County
Executive's Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners accepts the 1996 Cooperative Reimbursement
Program Contract through December 31, 1996 for the Friend of the
Court in the amount of S8,215,427.
BE IT FURTHER RESOLVED that future level of service,
including personnel, is contingent upon the level of funding from
the State for this program.
BE IT FURTHER RESOLVED that acceptance of this contract does
not obligate the County to any future commitment.
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners is authorized to execute the reimbursement
agreement and to approve amendments and extensions up to fifteen
(15) percent variance from the award, consistent with the
agreement as approved.
Chairperson, on behalf of the Finance and Personnel
Committee, I move the adoption of /the foregoing resolution.
FINhNCE AND PERSONNEL-COMMITTEE
Contract No:
Contract Amount:
Index Code:
Prog Cost Acct (PCA):
Agency Object Code:
Agency Code 3:
Commodity Code:
Federal I.D.It/SS#:
Mail Code:
Method of Payment:
CS/FOC-96-63001
$8,215,427.00
93100
81500
6155
815000
961-91
38-6004876
011
Actual Cost
AGREEMENT
between
MICHIGAN DEPARTMENT OF SOCIAL SERVICES
and
THE COUNTY OF OAKLAND
This Agreement, effective the first day of January, 1996, and ending the 31st day of De-
cember, 1996, is by and between the Michigan Department of Social Services, having a
mailing address of 235 S. Grand Avenue, P.O. Box 30037, Lansing, Michigan 48909
(hereinafter referred to as the "Department"), the County of OAKIAND
a public organization, having a mailing address of PO Box 436012.
Pontiac, MI 48343-6012 .nnn•n•
(hereinafter referred to as the "Contractor), and the Chief Circuit Judge for the Court,
(hereinafter referred to as the "Court").
WHEREAS, the Department is authorized to contract with State or local units of
government and private agencies under the provisions of MCLA 400.10; and,
WHEREAS, the Department has the authority to enter into a Cooperative Agreement
under and in accordance with policies established by the Department, as well as under
and in accordance with Title 1V-D of the Social Security Act as amended and the provi-
sions of part 302.34 and 304, Chapter III, Title 45, Code of Federal Regulations; and
WHEREAS, the Department is desirous of purchasing services, and the Contractor and
Court desire to provide services in accordance with the terms and conditions of this
Agreement; and,
WHEREAS, the Chairperson, County Board of Commissioners has lawful authority to
bind the Contractor and both the County and Court agree to the terms 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:
I. GEN ERAL R.M
A. Department's Source of Funds-Termination
The Department's payment of funds for purposes of this Agreement is
subject to and conditional upon the availability of funds for such purposes,
being Federal and State funds. No commitment is made by the Department
to continue or expand such activities. The Department may terminate this
Agreement immediately upon written notice to the Contractor and Court at
any time prior to the completion of this Agreement if, in the opinion of the
Department Director, funding becomes unavailable for this service or such
funds are restricted.
B. Fees and Other Sources of Funding
The Contractor and Court guarantee that any claims made to the
Department under this Agreement shall not be financed by any source,
including client fees, other than the Department under the terms of this
Agreement. If funding is received through any other source, the Contractor
and Court agree to delete from Contractor and Court billings, or to
immediately refund to the Department, the total amount representing such
duplication of funding.
C. Review and Monitorina Reports
The Contractor and Court shall comply with all program and fiscal review
reporting procedures at time intervals and on specified forms as established
by the Department on the beginning date of this Agreement. Any additional
reports which the Department proposes to be completed by the Contractor
or Court shall be completed pursuant to agreement by the parties to this
Agreement.
D. Examination and Maint.manalLskthecogis
The Contractor and Court shall permit the Department or any of its identified
agents access to the facilities being utilized at any reasonable time to
observe the operation of the program. Further, the Contractor and Court
shall retain all books, records or other documents relevant to this Agreement
for five (5) years 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 said period. If an
audit is initiated 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 Contractor and Court. The Department shall adjust future
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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 immediately refund all
amounts which may be due the Department.
E. Insurance Coverages
The Contractor and Court shall provide and maintain public liability insurance
in such amounts as necessary to cover all claims which may arise out of the
Contractor or Court's operations under the terms of the Agreement.
Unemployment compensation coverage, and worker's compensation
insurance shall be maintained in accordance with applicable federal and
state law and regulations.
F. Compliance with Civil Riahts. Other Lain
The Contractor and Court shall 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 1976 P.A. 453, Section
209. The Contractor and Court 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 employees or client or otherwise qualified handicapped
individual shall, solely by reason of handicap, be excluded from participation,
be denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance. The Contractor and
Court shall comply with the Americans with Disabilities Act of 1990 (ADA),
P.L. 101-336, 104 Stat. 328, which prohibits discrimination against
individuals with disabilities and provides enforcement standards. Further, the
Contractor and Court shall comply with all other federal, state or local laws,
regulations and standards, and any amendments thereto, as they may apply
to the performance of this Agreement.
G. Royalties and Copyright
The Department reserves a royalty-free nonexclusive license to use and
authorize others to use all written or visual material or other work products
developed in connection with this Agreement, including all copyrightable or
copyrighted materials.
H. Confidentiality
The use or disclosure of information concerning clients obtained in
connection with the performance of this Agreement shall be restricted to
purposes directly connected with the administration of the programs
implemented by this Agreement and as required by federal regulations and
state statute.
I. Property Title
Title to all Non-Child Support Enforcement System (CSES) property, real or
personal, furnished by the Department for use by the Contractor and Court
in the performance of this Agreement shall remain in the Department. Upon
expiration of this Agreement or any extension thereof, the Contractor and
Court agree to return said property to the Department or pay the then
current fair market value thereof to the Department. However, in the event
that any such property is only partially funded by the Department, the
Contractor or Court 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 and Court shall maintain continuing
records to account for the Department's financial interest in such subsequent
acquisitions.
J. Subcontracts
The Contractor or Court shall not assign this Agreement or enter into
subcontracts which will be paid in whole or part using money received
through this Agreement without obtaining prior written approval of the
Department. The Department, 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 and Court shall
be responsible for the performance of all assignees or subcontractors, and
shall insure the subcontracted agents comply with all provisions of this
Agreement.
K. Continuation
In the event that the Contractor and Court have submitted to the Department
an application for a Cooperative Reimbursement Agreement and, because
of circumstances beyond the control of either the Contractor, Court, or the
Department, the Agreement cannot be concluded to take effect at the start of
the new Agreement period, the delaying party shall immediately confirm in
writing said circumstances and the anticipated date that the Agreement can
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be concluded. The Agreement in existence shall, with the approval of all
parties, be extended for a period not to exceed sixty (60) calendar days from
the original concluding date of the existent Agreement. Should any party not
choose to extend the existent Agreement, that party shall immediately notify
the others in writing.
L. Cancellation of Agreement
The Department reserves the right to cancel this Agreement by giving sixty
(60) calendar days written notice to the Contractor and Court. The
Contractor or Court may terminate this Agreement upon sixty (60) calendar
days written notice to the Department at any time prior to the completion of
the Agreement period.
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M. Closeout/Extension
When this Agreement is concluded or terminated, the Contractor and Court
shall provide the Department, within sixty (60) calendar days after conclusion
or termination s with all financial, performance and other reports required as a
condition of the Agreement, unless written extension is granted by the
Department for extenuating circumstances.
The Department shall make payments to the Contractor for allowable
reimbursable costs not covered by previous payments. The Contractor shall
immediately refund to the Department any payments or funds advanced to
the Contractor in excess of allowable reimbursable expenditures.
N. Continuino Responsibilities
Termination, conclusion, or cancellation of this Agreement shall not be
construed so as to terminate the ongoing responsibilities or rights of the
parties as provided in Section I, Paragraphs D and M.
0. Dispute Resolution
1. Local Resolution
All parties agree to make a good faith attempt to resolve disputes.
Resolution of any dispute shall first be attempted at the local level by
County Contractor, Prosecuting Attorney, Friend of the Court (FOG)
and the Department's Office of Child Support (OCS) District Managers,
as appropriate.
2. Second Staçpe Resolution
If it appears a dispute cannot be resolved at the local level, the
aggrieved party shall notify the other parties and the Director of the
Office of Child Support, in writing, regarding the nature of the dispute
and the efforts made to resolve the dispute. Within sixty (60) calendar
days of this notification, the parties and the OCS Director or designees
shall meet to attempt resolution of the dispute.
3. Formal Notice of Intent
The Contractor and Court shall notify the Department in writing of their
intent to pursue a claim against the Department for breach of any terms
of this Agreement. No suit may be commenced by the Contractor or
Court for breach of this Agreement prior to the expiration of ninety (90)
calendar days from the date of such notification. Within this ninety (90)
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day period, the Contractor and Court, at the request of the Department,
must meet with the Director of the Department or designee for the
purpose of attempting resolution of the dispute. Formal Notice of Intent
action shall not be commenced until resolution has been initiated as
described in 1 and 2 above. However, these paragraphs do not restrict
the right to invoke and cancel under Section 1, Paragraph L.
4. Continuation of Services and Payment
Prior to commencement and during the pendency of a dispute or a suit
for breach of this Agreement, services shall continue to be provided as
set forth in this Agreement and payment for such services by the
Department shall continue without interruption, except as provided in
Section III, Paragraph B of this Agreement.
P. Amendment
This Agreement may be amended, at the request of any party, only by the
written consent of all the parties hereto. If the Contractor or Court refuses to
sign an amendment, the Department may terminate this Agreement at the
end of sixty (60) calendar days from the date of request to amend. The
Contractor and Court shall suffer no liability to the Department for refusing to
agree to said amendment, and said refusal shall not constitute a breach of
this Agreement.
Ct. Termination - Unfair Labor Practice
The Department may void this contract upon fifteen (15) calendar days
notice if the name of the Contractor or Court, or the name of a subcontractor,
manufacturer, or supplier of the Contractor or Court, 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 contracts.
R. Reportina Reauirements Pertainina ta Fnrrnar Rhita rif
Employees
The Contractor and Court shall report within two working days after the end
of each month, the name(s) and social security number(s) of any former
State of Michigan employees who:
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T. Agreement Inclusiveness
This Agreement with the previously mutually approved Application
incorporated by reference and made a part hereof, 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
contemporaneous agreement, oral or otherwise.
II. CONTRACTOR AND COURT DUTIES AND RESPONSIBILITIFR
The Contractor through the Friend of the Court shall enforce all orders of support
over which it has jurisdiction and seek modifications of orders in accordance with
federal regulations, state statute and court rules. For enforcing child support
orders in IV-D cases and as a subrecipient of Federal Financial Assistance, the
Contractor and the Friend of the Court shall comply with the requirements of Title
IV-D of the Social Security Act, implementing applicable federal regulations and
requirements; using the Manual for Friend of the Court (MFOC), Section 4000 and
Friend of the Court Letters in effect on the beginning date of this Agreement.
A. Services___
The Friend of the Court shall:
1. Make IV-D services available to all eligible persons
2. Maintain records and provide collection services
3. Enforce support obligations using all appropriate procedures:
a. Wage or Income Withholding
b. State Tax Offset
c. Federal Tax Offset
d. Withholding of Unemployment Compensation Benefits
e. Imposition of Liens
f. Posting Security, Bond or Guarantee for overdue support
g. Information to Consumer Reporting Agency
h. Review and Modify Support Orders
1, Use Guidelines for Setting Support Amounts
j. Spousal Support Enforcement when there is an applicable order
k. Medical Support
4. Initiate locating action when necessary
5. Cooperate with other states for enforcement of child support orders
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6. Maintain administrative processes
a) Fiscal Policies and Accountability
b) Bonding of Employees
C) Separation of Cash Handling and Accounting Functions
d) Safeguarding of Information
7, Provide or ensure Visitation and Custody services according to the
"Friend of the Court Act" (MCLA 552.501-552.535).
B. Reports
The Contractor and Court shall prepare, complete and submit the following
reports in the cycles indicated, to the units named:
1. Form: DSS-286 - Title IV-D Cooperative Reimbursement Expendi-
ture Report, including appropriate time documentation.
Cycle: Due by the fifteenth (15) working day after month of service
To: Department of Social Services
Office of Child Support - Regional Contract Manager
2. Form: DSS-284 - Friend of the Court Title IV-D Quarterly Report
Cycle: Due by the tenth (10) working day after the Quarter's end
To: Office of Child Support - Lansing
3. Form:
DSS-820 - Support Collection Refund/Reimbursement
Request
Cycle: As needed in accordance with MFOC Section 4000,
Chapter 650
To: DSS Payment Document Control, Lansing
4. Form: DSS-284A - Friend of the Court Title IV-D Annual Report
Cycle: Due by October 25th
To: Department of Social Services
Office of Child Support - Lansing
5. Form: DSS-29 - Financial Deposit Report (Accompanied by bank
deposit slips and listing of individual items for any ADC-F,
State ward charge back as required by MFOC Section
4000, Chapters 620 and 630)
Cycle: Vanes with FOC from daily to weekly
To: DSS cashier - Lansing
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6. Form: Reports of ADC collections by approved electronic format
Cycle: By the 8th, 15th, 23rd and last day of the month and five (5)
working days after the end of the collection month
To: CSES - Lansing
7. Form:
DSS-316 or collection report requesting correction of
distributed support collections
Cycle: No regular cycle: process as received
To: Office of Child Support - Lansing
8. Form: DSS-4518 Report of Client Received Support
Cycle: As needed in accordance with MFOC Section 4000,
Chapter 615
To: Local OCS Support Specialist
C. Client Grievance System
Each Court shall have a written office grievance system which provides the
opportunity to seek reiief for those who believe they have not received
services required by the 1V-D program, or believe the services they have
received are not in accordance with IV-D regulations. Information about the
grievance system shall be provided to clients or the Department upon
request.
D. Statewide Automated Systeni
The Contractor and Court agree to cooperate in meeting the federal
requirement of a statewide automated system.
E. Applicable Costs
The Contractor and Court, as subrecipients of Federal Financial Assistance,
agree to abide by applicable provisions of the Cost Principals for State and
Local Governments issued in the Federal Office of Management and Budget
Circular No. A-87. This circular provides cost principles to be used in
determining the availability of Federal Financial Assistance for Child Support
Enforcement activities under Title 1V-D of the Social Security Act. If any staff
funded in part or whole by 1V-D funds do not work full time on IV-D matters,
detailed time-records for such employees are required to document the
amount of time spent on reimbursable activities.
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F. Billing Method .
The Actual Cost Reimbursement Method shall be used to claim reimburse-
ment under this Agreement. The Cooperative Reimbursement Application,
Budget, and budget documentation are attached hereto and made a part of
this Agreement. The Budget and Application detail the amount and object of
expenditures for which the Contractor and Court shall use funds paid under
this Agreement. The Contractor and Court shall follow and adhere to the
budget. Only costs actually expended may be billed. The Contractor and
court must obtain written approval from the Department to increase or de-
crease line items in the budget. The Contractor and Court's request for the
Department's approval must contain sufficient information to allow the De-
partment to identify which budget line items are to be increased, which line
items are to be decreased, the reason for change, the programmatic impact
of the budget changes and must stay within the originally approved budget
total. The person authorized to approve budget revisions is the Director of
the Office of Child Support. Actual costs may include the cost of fringe bene-
fits provided for the Contractor and Court employees funded by this Agree-
ment, in the same proportion as those employees are engaged in IV-D
reimbursable activities. Further, those fringe benefits shall be no greater
than fringe benefits provided to similar non-IV-D employees. Fringe benefits
may include longevity, vacation, personal leave, holiday, sick leave, medical,
dental, optical, life insurance, disability insurance, retirement, social security,
workers compensation, and unemployment insurance.
G. Bi!lino Procedure
The Contractor and Court shall complete a monthly "Title IV-D Cooperative
Reimbursement Expenditure Report," (Form DSS-286) detailing program-
related expenditures. To request funding for Visitation and Custody, com-
plete the column including number and costs of positions performing these
services. The DSS-286 shall indicate actual expenditures by category of ex-
pense in the performance of this Agreement for the period being billed. The
DSS-286 shall be submitted within fifteen (15) working days from the end of
the monthly billing period to:
Michigan Department of Social Services
Office of Child Support
Regional Contract manager
H. Bonding of Employees
The Contractor and Court agree to assure that every person who, as a
regular part of his or her employment, receives, disburses, handles, or has
access to support collections shall be covered by a bond or insurance, or be
self-insured with the approval of the Department, in an amount sufficient to
protect against loss resulting from employee dishonesty.
Ill. DEPARTMENT DUTIES AND RESPONSIBILITIES\
A. Program Administration
The Department, as a recipient of Federal Financial Assistance, shall
administer the Title IV-D program in Michigan, and shall maintain the
approved Title IV-D State Plan, consistent with federal requirements. The
Department will distribute program regulations, forms and instructions to the
Contractor and Court through the Manual for Friend of the Court, Section
4000 and Friend of the Court Letter Series.
B. Payment
The Department shall complete its pruuebbiriy of payments to the Contractor
within thirty (30) calendar days after receipt of the Contractor's monthly
DSS-286, "Title IV-D Cooperative Reimbursement Expenditure Report,"
detailing program related expenditures. Further, the Department shall make
payment as allowed by the federal waiver dated October 5, 1994, effective
January 1, 1995, for Visitation and Custody activity detailed on the DSS 286.
Payment shall be made in accordance with the budget attached to and part
of this Agreement. For DSS-286's submitted after the due date the
Department reserves the right to delay processing and payment to the next
available cycle.
The Department reserves the right to defer or disallow payment of any claim
submitted by the Contractor and Court for failure to document and provide
records, statistics, and reports to the Department as required by this
Agreement or as are required by applicable state statutes and federal
regulations.
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C. Prooram Compliance Monitoring and Evaluation
The Department shall monitor and evaluate Court performance for
compliance with Federal Title IV-D Program regulations and the terms of this
Agreement. Performance compliance will be measured against federal
program audit standards established to ensure that program services are
administered effectively and efficiently. The Department shall request
corrective action when a program compliance evaluation indicates areas of
substantial noncompliance with the terms of this Agreement on the part of
the Court.
D. Maximum Amount of Agreement
NO/100 DOLLARS
The maximum amount of this agreement as appropriated by the Contractor
is EIGHT MILLION TWO HUNDRED FIFTEEN THOUSAND FOUR HUNDRED TWENTY-SEVEN AND
($ 8,215,427.00 }, The maximum amount of costs to be reimbursed by the
Department shall be the State share of actual expenditures during the life of
this agreement up to the maximum of the Title IV-D program net budget, a
copy of which is attached hereto and made a part hereof.
IN WITNESS WHEREOF, the Department and the Contractor have caused this
Agreement to be executed by their respective officers duly authorized to do so.
Dated at , Michigan CHIEF CIRCUIT JUDGE
(Court)
this day of ,19 By:
Witness:
Dated at , Michigan
(Contractor)
this day of • 19 By:
, Chairperson
County Board of Commissioners
Witness:
MICHIGAN DEPARTMENT
Dated at , Michigan OF SOCIAL SERVICES
this day of ,19 By:
Gerald H. Miller, Director
Witness:
COUNTY
PROVIDER
FUNDING YEAR
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10. NET BUDGET
TITLE IV-13 COOPERATIVE REIMBURSEMENT CONTRACT
BUDGET
A. CONTRACT DESCRIPTION
Oakland -
J5' 1 FoCn
1996
F-1 PA COMBINATION
COLUMN 1 COLUMN II COLUMN III COLUMN IV COLUMN V
PROPOSED I PROPOSED 1V-D PROPOSED IV-0 PROVIDER'S
IV-D ENFORCEMENT VISITATION & CUSTODY TOTAL
a ALLOCATION FACTORS BUDGET : 1 P - -'-
I
1, FTE POSMONS 119.71 100.22 19,49 129.00, r- 2. % OF TOTAL PIE'S 92.80% 77.69% 15.11% [
PROPOSED PROPOSED IV-D PROPOSED IV-0
I
PROVIDER'S
IV-D ENFORCEMENT VISITATION & CUSTODY 1 TOTAL
G. BUDGET CATEGORIES BUDGET BUDGET BUDGET I ELIGIBLE BUDGET i
1, PERSONNEL I $6,381,784 1 $5,195.943 $1,185,8411 $6,876,922 i
2, DATA PROCESSING 487,7481 487.7481 01 525.591 j
1 . 1
3. OTHER DIRECT 1 1,688,5961 1,636,468 52.1281 1,819.608 1
1 I
4
[
CENTRAL SERVICES 370 0031 301,702 68,3011
1
, _. 398 1 710 1
1 , 1 i 5. PATERNITY TESTING
(pA +WO i
6. TOTAL 13UDGE. $8.928.131, nt7 nli
1 I
_
L. Brooks Patterpr( County Executive
Resolution #96041 March 7, 1996
Moved by Douglas supported by Moffitt the resolution be adopted.
AYES: Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos,
Crake, Devine, Douglas, Garfield. (22)
NAYS: None. (0)
A sufficient majority having voted therefor. the resolution was adopted.
I HERE_PAPPRO 'FOREGOING RESOLUTION
Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the
foregoing resoluton is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on March 7, 1996 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, Mich:Lgan this 7th day of March 1996.
Lrnn D. Allen, County Clerk