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MISCELLANEOUS RESOLUTION #97113 May 22, 1997
BY: General Government Committee - Kay Schmid, Chairperson
IN RE: CENTRAL SERVICES - OAKLAND/TROY AIRPORT 1996 GRANT PROGRAM ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of
Transportation Grant Contract, Project No. C-26-0118-0496, for Federal funds in a
maximum obligation of $630,480, and State funds in the amount of $35,027, for the
development and improvement of Oakland/Troy Airport; and
WHEREAS the project consists of rehabilitation of Runway 9/27 associated
taxiways, terminal apron; lighting and signage; rehabilitation/expansion of auto
parking lot; rehabilitation of airport entrance road; and
WHEREAS the Michigan Department of Transportation has received a block grant
from the Federal Aviation Administration for airport development projects and shall
act as agent on behalf of the County in the administration of the project; and
WHEREAS the development project as offered and approved by the Michigan
Department of Transportation and Federal Aviation Administration requires a local
grant match of $80,493, which is available in the airport fund balance; and
WHEREAS the Airport Committee has reviewed and approved the grant contract
subject to ratification by the Oakland County Board of Commissioners and believes
it to be in the County's interest to accept the grant 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. #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the grant contract in an amount not to exceed $665,507.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of
Commissioners or the approved designee is authorized to execute the grant contract
and to approve grant modification up to fifteen (15) percent which is consistent
with the original grant contract.
On behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
AGREEMENT NO. 97-240
FED. PROJ. NO. C-26-0118-0496
AGENDA DAB
AGREEMENT FOR A FEDERAL/STATE/LOCAL
AIRPORT PROJECT
UNDER THE BLOCK GRANT PROGRAM
THIS AGREEMENT is made and entered into this date of , by
and between the Michigan Department of Transportation, hereinafter referred to as the
DEPARTMENT, and the Board of Commissioners of the County of Oakland, hereinafter referred
to as the SPONSOR, for the purpose of fixing the rights and obligations of the parties in agreeing
to the following undertaking at the Oakland-Troy Airport whose associated city is Troy, Michigan,
hereinafter referred to as the PROJECT and estimated in detail on Exhibit 1, dated April 17,
1997, attached hereto and made a part hereof.
Rehabilitate and Widen Runway 9/27; Rehabilitate Taxiways A, B 8i C; Rehabilitate
Terminal Apron; Rehabilitate and Expand Auto Parking Lot; Rehabilitate Entrance
Road; Medium Intensity Lighting; Taxiway Signs and Reflectors as more completely
defined in Contract No. FM63-6-C18 as approved by the DEPARTMENT.
WITNESSETH:
WHEREAS, the PROJECT is eligible for federal funding pursuant the Airport and Airway
Improvement Act of 1982 as amended and/or the Aviation Safety and Noise Abatement Act of
1979, and
WHEREAS, the DEPARTMENT has received a block grant from the Federal Aviation
Administration (FAA) for airport development projects, and
WHEREAS, the DEPARTMENT is responsible for the allocation and management of
block grant funds pursuant to the above noted act,
NOW, THEREFORE, it is agreed:
1. The term PROJECT COST, as herein used, is defined in Attachment(s) 1.
PROJECT COST shall also include administrative costs incurred by the DEPARTMENT in
connection with the PROJECT. Administrative costs incurred by the SPONSOR are not an
eligible PROJECT COST.
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THE SPONSOR SHALL:
2. Enter into a contract with a consultant for each element of the PROJECT which
requires such expertise. The consultant shall be selected in conformance with FAA Advisory
Circular 150/5100-14. The DEPARTMENT shall select the consultant for each element of the
project involving preparation of environmental documentation. The SPONSOR shall select the
consultant for all other aspects. All consultant contracts shall be submitted to the DEPARTMENT
for review and approval. Any such approvals shall not be construed as a warranty of the
consultant's qualifications, professional standing, ability to perform the work being contracted,
or financial integrity. The SPONSOR shall not execute a consultant contract nor authorize the
consultant to proceed prior to receiving written approval of the contract from the DEPARTMENT.
Any change to the consultant contract requires prior written approval of the DEPARTMENT. In
the event the consultant contract is terminated, the DEPARTMENT shall be given immediate
written notice by the SPONSOR.
3. Make payment to the DEPARTMENT for the SPONSOR's share of PROJECT
COSTS within thirty (30) days of the billing date. The DEPARTMENT will not make payments
for any PROJECT work prior to receipt of payment from the SPONSOR for the SPONSOR's
share of that item of PROJECT work.
Eligible PROJECT COSTS which are paid by the SPONSOR may be submitted for
credit towards the SPONSOR's share of the PROJECT COST provided it is submitted within 180
days of the date the costs were incurred or 180 days of execution by both parties of this
agreement, whichever is later. Documentation of payment of PROJECT COST shall include
copies of the invoices and copies of both sides of the cancelled checks. The amount of the
SPONSOR billing will be reduced by the amount of the eligible credit, based on documentation
submitted, provided it is submitted prior to the date of the billing. Should it be determined that
the SPONSOR has been given credit for payment of ineligible items of work, the SPONSOR will
be billed an amount to insure that the SPONSOR share of PROJECT COSTS are covered.
The SPONSOR hereby pledges a sufficient amount of funds to meet its obligations.
4. Upon written notice from the DEPARTMENT, repay any disallowed items of cost
previously disbursed by the DEPARTMENT. Deficiencies billed to the SPONSOR shall be paid
within sixty (60) days of the billing date. If the SPONSOR has not made arrangements to make
payment within sixty (60) days, the DEPARTMENT may withhold monies from present or future
contracts and may pursue any other remedy to recover such deficiencies.
5. a. Establish and maintain accurate records, in accordance with generally
accepted accounting principles, of all expenses incurred for which payment
is sought or made under this Agreement, said records to be hereinafter
referred to as the "RECORDS". Separate accounts shall be established and
maintained for all costs incurred under this Agreement.
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b. Maintain the RECORDS for at least six (6) years from the date of final
payment of Federal Aid made by the DEPARTMENT under this
Agreement. In the event of a dispute with regard to the allowable expenses
of any other issue under this Agreement, the SPONSOR shall thereafter
continue to maintain the RECORDS at least until that dispute has been
finally decided and the time for all available challenges or appeals of that
decision has expired.
c. Allow the DEPARTMENT, or its representative, to inspect, copy, or audit
the RECORDS at any reasonable time after giving reasonable notice.
d. If any part of the work is subcontracted, the SPONSOR shall assure
compliance with subsections (a), (b), and (c) above for all subcontracted
work.
6. Provide, and will require its subcontractors to provide, access by the
DEPARTMENT or its representatives, to all technical data, accounting records, reports, and
documents pertaining to this Agreement. Copies of technical data, reports, and other documents
shall be provided by the SPONSOR or its subcontractors to the DEPARTMENT upon request.
The SPONSOR agrees to permit representatives of the DEPARTMENT to inspect the progress
of all PROJECT work at any reasonable time. Such inspections are for the exclusive use of the
DEPARTMENT and are not intended to relieve or negate any of the SPONSOR'S obligations and
duties contained in this Agreement. All technical data, reports, and documents shall be
maintained for a period of six (6) years from the date of final payment.
7. In the performance of the PROJECT herein enumerated, by itself, by a
subcontractor, or by anyone acting in its behalf, agree that they will comply with any and all state,
federal, and applicable local statutes, ordinances, and regulations. The SPONSOR further agrees
to obtain all permits that are applicable to the entry into and the performance of this Agreement.
In addition, the SPONSOR agrees to comply with the Assurances contained in
Appendix "E" (PP-A-1) and the Special Conditions set forth in Appendix "F" attached hereto and
made a part hereof.
THE DEPARTMENT SHALL:
8. Bill the SPONSOR for the SPONSOR's share of estimated PROJECT COST. The
DEPARTMENT will bill the SPONSOR for the SPONSOR's share of additional estimated
PROJECT COST for changes approved in accordance with Section 11 at the time of execution of
the amendment for approved work.
9. Upon receipt of payment request approved by the SPONSOR, make payment for
eligible PROJECT COSTS. The DEPARTMENT will seek reimbursement from the FAA,
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through the block grant issued to the DEPARTMENT, for funds expended on eligible PROJECT
COSTS. The DEPARTMENT will not make payments for any PROJECT work prior to receipt
of payment from the SPONSOR for the SPONSOR's share of that item of PROJECT work.
10. Make final accounting to the SPONSOR upon completion of the PROJECT,
payment of all PROJECT COSTS, and completion of necessary audits. Any excesses or
deficiencies will be returned to or billed to the SPONSOR.
IT IS FURTHER AGREED:
11. The PROJECT COST participation is estimated to be as shown below and as in the
attached Exhibit 1. Exhibit 1 is to be considered an estimate. The actual DEPARTMENT, FAA,
and SPONSOR share of the PROJECT COST will be determined at the time of financial closure
of the FAA grant.
Dollar Amount
Federal share $630,480
Maximum DEPARTMENT share $35,027
SPONSOR share $R0,491
Estimated PROJECT COST $746,000
12. The PROJECT COST shall be met in part with federal funds granted to the
DEPARTMENT by FAA through the block grant program and by DEPARTMENT funds. Upon
final settlement of costs, the federal funds will be applied to the eligible items of PROJECT COST
at the rate of 90 percent up to the maximum obligation shown in Section 11 or as revised in the
Budget Letter discussed in Section 14. The DEPARTMENT funds will be applied to the balance
of the PROJECT COST at a rate of 50 percent for those items eligible for state participation up
to the maximum obligation shown in section 11 or as revised in the Budget Letter. Any items of
PROJECT COST not funded with FAA or DEPARTMENT funds will be the sole responsibility
of the SPONSOR.
13. The SPONSOR hereby agrees the costs reported to the DEPARTMENT for this
Agreement shall represent only those items which are properly chargeable in accordance with this
Agreement. The SPONSOR also hereby certifies that it has read the Agreement terms and has
made itself aware of the applicable laws, regulations, and terms of this Agreement that apply to
the reporting of costs incurred under the terms of this Agreement.
14. The PROJECT COSTS. shown in Section 11 are the maximum obligation of
DEPARTMENT and federal funds under this Agreement. The maximum obligation of
DEPARTMENT and federal funds may be adjusted to an amount less than the maximums shown
in Section 11, through a budget letter issued by the DEPARTMENT. A Budget Letter will be
used when updated cost estimates for the PROJECT reflect a change in the amount of funds
needed to fund all PROJECT COSTS. The Budget Letter will be signed by the Administrator of
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the Airport Development Division of the Bureau of Aeronautics.
A Budget Letter shall also be used to add or delete work items from the PROJECT
description provided the costs do not exceed the maximum obligation of section 11. If the total
amount of PROJECT COSTS exceeds the maximum obligation shown in Section 11, the
PROJECT scope will have to be reduced or a written amendment to this Agreement to provide
additional funds will have to be executed by both parties before the work is started.
15. In the event it is determined by the DEPARTMENT that there will be either
insufficient funds or insufficient time to properly administer such funds for the entire PROJECT
or portions thereof, the DEPARTMENT, prior to advertising or authorizing work performance,
may cancel the PROJECT, or any portion thereof, by giving written notice to the SPONSOR. In
the event this occurs, this Agreement shall be void and of no effect with respect to the cancelled
portion of the PROJECT. Any SPONSOR deposits on the cancelled portion, less PROJECT
COST incurred on the cancelled portions, will be refunded following receipt of a letter from the
SPONSOR requesting excess funds be returned, or at the time of financial closure, whichever
comes first.
The DEPARTMENT shall not participate in the PROJECT COST incurred on the
cancelled portions of the PROJECT and Sections 11 and 12 shall not be construed to require the
DEPARTMENT's participation in the cancelled portion.
Reimbursement of any costs pursuant to this section shall not constitute a final
determination by the DEPARTMENT of the allowability of such costs and shall not constitute a
waiver by the DEPARTMENT of any violation of the terms and conditions of this Agreement
committed by the SPONSOR.
16. In the event that an audit performed by or on behalf of the DEPARTMENT
indicates an adjustment to the costs reported under this Agreement, or questions the allowability
of an item of expense, the DEPARTMENT shall promptly submit to the SPONSOR, a Notice of
Audit Results and a copy of the audit report which may supplement or modify any tentative
findings verbally communicated to the SPONSOR at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the SPONSOR shall:
(a) respond in writing to the responsible Bureau of the Department indicating whether or not they
concur with the audit report, (b) clearly explain the nature and basis for any disagreement as to
a disallowed item of expense and, (c) submit to the DEPARTMENT a written explanation as to
any questioned or no opinion expressed item of expense, hereinafter referred to as the
"RESPONSE". The RESPONSE shall be clearly stated and provide any supporting
documentation necessary to resolve any disagreement or questioned or no opinion expressed item
of expense. Where the documentation is voluminous, the SPONSOR may supply appropriate
excerpts and make alternate arrangements to conveniently and reasonably make that documentation
available for review by the DEPARTMENT. The RESPONSE shall refer to and apply the
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language of the Agreement. The SPONSOR agrees that failure to submit a RESPONSE within
the sixty (60) day period constitutes agreement with any disallowance of an item of expense and
authorizes the DEPARTMENT to finally disallow any items of questioned or no opinion expressed
cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit Results
and RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit
Results. If the DEPARTMENT determines that an overpayment has been made to the SPONSOR,
the SPONSOR shall repay that amount to the DEPARTMENT, or reach agreement with the
DEPARTMENT on a repayment schedule, within thirty (30) days after the date of an invoice from
the DEPARTMENT. If the SPONSOR fails to repay the overpayment or reach agreement with
the DEPARTMENT on a repayment schedule within the thirty (30) day period, the SPONSOR
agrees that the DEPARTMENT shall deduct all or a portion of the overpayment from any funds
then or thereafter payable by the DEPARTMENT to the SPONSOR under this Agreement, or any
other agreement, or payable to the SPONSOR under the terms of 1951 PA 51, as applicable.
Interest will be assessed on any partial payments or repayment schedules based on the unpaid
balance at the end of each month until the balance is paid in full. The assessment of interest will
begin thirty (30) days from the date of the invoice. The rate of interest will be based on the
Michigan Department of Treasury common cash funds interest earnings. The rate of interest will
be reviewed annually by the DEPARTMENT and adjusted as necessary based on the Michigan
Department of Treasury common cash funds interest earnings. The SPONSOR expressly consents
to this withholding or offsetting of funds under those circumstances, reserving the right to file a
lawsuit in the Court of Claims to contest the DEPARTMENT's decision only as to any item of
expense the disallowance of which was disputed by the SPONSOR in a timely filed RESPONSE.
17. This Agreement shall be in effect for a period of thirty six (36) months from the
date of execution.
18. Failure on the part of the SPONSOR to comply with any of the conditions in this
Agreement may be considered cause for placing the SPONSOR in a state of non-compliance
thereby making the SPONSOR ineligible for future federal and/or state funds until such time the
non-compliance issues are resolved. In addition, said failure may constitute grounds for
cancellation of the PROJECT, and/or repayment of all grant amounts on a pro rata basis, if the
PROJECT has begun. In this section, pro rata means proration of the cost of the PROJECT over
twenty (20) years, if the PROJECT has not yet begun.
19. Any approvals, reviews, and inspections of any nature provided by the
DEPARTMENT shall not be construed as a warranty or assumption of liability on the part of the
DEPARTMENT. It is expressly understood and agreed that any such approvals are for the sole
and exclusive purposes of the DEPARTMENT, which is acting in a governmental capacity under
this Agreement and that such approvals are a governmental function incidental to the grant which
is the subject of this Agreement.
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Any approvals, reviews, and inspections provided by the DEPARTMENT will not
relieve the SPONSOR of its obligations hereunder, nor are such approvals, reviews, and
inspections provided by the DEPARTMENT to be construed as a warranty as to the propriety of
the SPONSOR's performance, but are undertaken for the sole use and information of the
DEPARTMENT.
20. In connection with the performance of PROJECT work under this Agreement, the
parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with
the State of Michigan provisions for "Prohibition of Discrimination in State Agreements", as set
forth in Appendix "A", attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Act of 1964, being P.L. 88-352, 78 Stat. 241, as amended,
being Title 42 U.S.C. Sections 1971, 1975a-1975d and 2000a-2000h-6 and the Regulations of the
United States Department of Transportation (49 C.F.R. Part 21) issued pursuant to said Act,
including Appendix "B", attached hereto and made a part hereof, and will require similar
covenants on the part of any contractor or subcontractor employed in the performance of this
Agreement.
21. In accordance with 1980 PA 278; MCL 423.321, et_seq; MSA 17.458(22), eLseq,
the SPONSOR, in the performance of this Agreement, shall not enter into a contract with a
subcontractor, manufacturer, or supplier listed in the register maintained by the State of Michigan,
Department of Labor, of employers who have been found in contempt of court by a FAA court
of appeals,. on not less than three (3) occasions involving different violations during the preceding
seven (7) years, for failure to correct an unfair labor practice, as prohibited by Section 8 of
Chapter 372 of the National Labor Relations Act, 29 U.S.C. 158. The DEPARTMENT may void
this Agreement if the name of the SPONSOR or the name of a subcontractor, manufacturer, or
supplier utilized by the SPONSOR in the performance of this Agreement subsequently appears in
the register during the performance period of this Agreement.
22. In any instance of dispute and/or litigation concerning the PROJECT, the resolution
thereof shall be the sole responsibility of the parties to that Agreement which is the subject of the
controversy. It is understood and agreed that any legal representation of the SPONSOR in any
dispute and/or litigation shall be the financial responsibility of the SPONSOR.
23. In addition to the protection afforded by any policy of insurance, the SPONSOR
agrees to indemnify and save harmless the State of Michigan, the Michigan State Transportation
Commission, the Michigan Aeronautics Commission, the DEPARTMENT, the FAA, and all
officers, agents, and employees thereof:
a. from any and all claims by persons, firms, or corporations for labor,
materials, supplies, or services provided to the SPONSOR in connection
with the SPONSOR' s performance of the project assignments, and .
b. from any and all claims of injuries to, or death of, any and all persons, and
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for loss of or damage to property and environmental damage or
degradation, response and clean up costs and from attorney fees and related
costs arising out of, under, or by reason of the SPONSOR's performance
of the project assignments under this Agreement, except claims resulting
from the sole negligence of said indemnitee, its agents or employees.
24. The DEPARTMENT and the FAA shall not be subject to any obligations or
liabilities by contractors of the SPONSOR or their subcontractors or any other person not a party
to this Agreement without its specific consent and notwithstanding its concurrence in or approval
of the award of any contract or subcontract, or the solicitation thereof.
25. It is expressly understood and agreed -that the SPONSOR shall take no action or
conduct which arises either directly or indirectly out of its obligations, responsibilities, and duties
under this Agreement, which results in claims being asserted against or judgments being imposed
against the State of Michigan, the DEPARTMENT, the FAA, the Michigan State Transportation
Commission, and/or the Michigan Aeronautics Commission. In the event that the same occurs,
for the purposes of this Agreement it will be considered as a breach of this Agreement thereby
giving the State of Michigan, the DEPARTMENT, the FAA, the Michigan State Transportation
Commission, and/or the Michigan Aeronautics Commission a right to seek and obtain any
necessary relief or remedy, including, but not by way of limitation, a judgment for money
damages.
26. In case of any discrepancies between the body of this Agreement and any Exhibit
hereto, the body of the Agreement shall govern.
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27. This Agreement shall become binding on the parties hereto and of full force and
effect upon the signing thereof by the duly authorized officials for the parties hereto, and upon
the adoption of the necessary resolution approving said Agreement and authorizing the signatures
thereto of the respective officials of the SPONSOR, a certified copy of which resolution shall be
attached to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
BOARD OF COMMISSIONERS OF THE COUNTY OFOAKLAND
BY:
If fLE:
MICHIGAN DEPARTMENT OF TRANSPORTATION
BY:
TITLE: Department Director
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EXHIBIT 1
OAKLAND-TROY AIRPORT
TROY, MICHIGAN
Project No. C-26-0118-0496
17-Apr-97
ADMINISTRATION
DEPARTMENT-AERO (F/S/L)
LOCAL ONLY-
Federal
$2,947
$2,947 _
$0
State
$164
$164
$0
Local
$389
$164
$225
Total
$3,500
$3,275
$225
ENGINEERING
AERO - Design
Consultant - Design
AERO - Const Supv (F/S/L)
LOCAL ONLY -
Consultant - Const Supv (F/S/L)
LOCAL ONLY -
CONSTRUCTION
Rehab & Wdn Rwy 9/27, Rehab
Twys A, B, C, Rehab Apron,
Rehab MIRL, Install Twy Signs
& Reflectors (F/S/L)
LOCAL ONLY -
Rehab/Expand Auto Parking Lot,
Rehab Entrance Road
$62,318 $3,462 $8,220
Included in Previous Grant •
Included in Previous Grant
$3,369 $187 $187
$0 $0 $257
$58,949 $3,275 $3,275
$0 $0 $4,501
$530,520 $29,473 $69,956
$530,520 $29,473 $29,473
$0 $0 $40,483
$74,000
$3,743
$257
$65,499
$4,501
$629,950
$589,467
$40,483
CONTINGENCIES
Funding Contingencies
$34,695 $1,928 $1,928
$34,695 $1,928 $1,928
$38,550
$38,550
TOTAL PROJECT BUDGET $630,480 $35,027 $80,493 $746,000
+FISCAL NOTE (Misc. #97113)
BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND TROY AIRPORT - 1996 GRANT
PROGRAM ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel
Committee has reviewed the above referenced resolution and finds:
1. Oakland County has received a Michigan Department of
Transportation Grant, Project C-26-0118-0496, for Federal funds of
$630,480 and State funds in the amount of $35,027, for the
development and improvement of Oakland/Troy Airport. The project
consists of rehabilitation of Runway 9/27, associated taxiways,
terminal apron; lighting and signage; rehabilitation/
expansion of auto parking lot and rehabilitation of airport
entrance road.
2. A County match of $80,493 is required and funding is available in
the Airport fund balance.
3. The Airport Committee has reviewed and approved the grant subject
to ratification by the Oakland County Board of Commissioners.
4. The following amendment to the 1997 budget is required.
1-58110-455-001 ESTIMATED PROFIT OR LOSS $(80,493)
4-58110-137-45-00-3382 GRANT MATCH 80,493
-0-
FINANCE AND PERSONNEL COMMITTEE
Resolution #97113 May 22, 1997
Moved by Schmid supported by Kaczmar the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Powers,
Schmid, Taub, Wolf, Amos, Coleman, Devine. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
L. Brooks Patterson, County Executive
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, 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 22, 1997 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 22nd day of May 1997.
Lyn b. Allen, County Clerk