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HomeMy WebLinkAboutResolutions - 1998.04.01 - 25237April 2, 1998 MISCELLANEOUS RESOLUTION # 98068 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: SHERIFF'S DEPARTMENT - SOUTHFIELD DETENTION FACILITY AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #8852 dated March 22, 1979, authorized an agreement between the City of Southfield and the County of Oakland wherein the County would operate Southfield's Detention Facility in the City of Southfield's safety building; and WHEREAS the Board of Commissioners approved the most recent agreement by Miscellaneous Resolution #95180 dated April 5, 1995, which terminated on June 30, 1997; and WHEREAS representatives of the City of Southfield and the County have tentatively agreed upon a multi-year contract beginning July 1, 1997 and extending to June 30, 2000; and WHEREAS this agreement includes flat fee payments by the City of Southfield, in the amount of $458,500 for the period July 1, 1997 through June 30, 1998 and $472,200 for the period July 1, 1998 through June 30, 1999 and $486,300 for the period July 1, 1999 through June 30, 2000; and WHEREAS the proposed agreement has been approved in accordance with the County Executive's review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement with the City of Southfield for the operation of the Southfield Detention Facility and authorizes the Chairperson of the Board of Commissioners to execute the said agreement. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE ' SOUTHFIELD DETENTION FACILITY JULY 1,1997 -JUNE 30, 2002 JOINT OPERATING AGREEMENT This SOUTHFIELD DETENTION FACILITY 1997 - 2002 JOINT OPERATING AGREEMENT (hereafter "Agreement") is made and entered into between the CITY OF SOUTHFIELD, a Michigan Constitutional and Municipal Corporation, whose address is 26000 Evergreen Road, Southfield, Michigan 48076 (hereafter the "CITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"). The COUNTY is also represented in this Agreement by the OAKLAND COUNTY SHERIFF, JOHN F. NICHOLS, in his official capacity as a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended to be referred to jointly and collectively, they will be referred to as either the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.". INTRODUCTORY STATEMENTS A. The CITY maintains and owns the Southfield Public Safety Building in the CITY's complex of public buildings in Southfield. Within and connected to its Public Safety Building the CITY maintains and has available thirty-seven (37) jail cells, two (2) behavior modification units (cells), and two (2) temporary holding cells, commonly known as the "Southfield Detention Facility" (hereafter "Facility"). B. The OAKLAND COUNTY SHERIFF's DEPARTMENT or 0.C.S.D. presently operates the Oakland County Jail and numerous satellite jail operations and has considerable experience in detention operations. C. For the past several years, the CITY and the 0.C.S.D. have contracted to jointly operate the Facility as a jail for the purposes of housing prisoners. The CITY and the 0.C.S.D. each find that continuing in the joint endeavor contemplated in this Agreement to be in each of its best interests and in the interest of providing efficient law enforcement services. D. The most recent written contract between the CITY and the COUNTY to jointly operate the Facility expired on June 30, 1997. Following the expiration of the written contract, the CITY and the COUNTY verbally agreed to extend the term of the expired written contract until this new Agreement is finalized. NOW, THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Agreement, it is mutually agreed as follows: 1. The OAKLAND COUNTY SHERIFF'S DEPARTMENT (0.C.S.D.) agrees, subject to the terms of this Agreement: a. To provide such 0.C.S.D. personnel as reasonably necessary to supervise and control prisoners housed in the Facility in accord with all applicable federal and state laws, rules and regulations in order to prevent and/or minimize any injury to prisoners under 0.C.S.D. care and custody and/or damage to the Facility. b. To be responsible for the day-to-day care and security for prisoners housed in the Facility. c. Except as expressly provided for in this Agreenient, there shall be no charge to the CITY for any prisoner received into the 0.C.S.D.'s custody at the Facility who was arrested by a CITY AGENT (i.e. a police officer or other law enforcement official representing the city, e.g. N.E.T and DEA). The 0.C.S.D. shall receive and book into the Facility, as required by applicable law, any person arrested and presented by any CITY AGENT (i.e., CITY a police officer or other law enforcement official representing the city, e.g. N.E.T and DEA) except that the 0.C.S.D. reserves the absolute right to reject any prisoner for admittance into the Facility who, in the 0.C.S.D.'s opinion, requires immediate medical attention. d. To provide, at the 0.C.S.D.'s sole cost and expense, all food, clothing, bedding, medical services, library services through the Oakland County Library Board, and other inmate programs that may be required by the Michigan Department of Corrections for prisoners in the Facility. e. To charge or otherwise assume all costs for prisoner care while such prisoners are in the Facility at the same daily rate as prisoners may be charged at the Oakland County Jail and that any revenues generated for prisoner care will be credited solely to the benefit of the 0.C.S.D. f. Upon a request to the SHERIFF, if the CITY can show cause why a particular inmate should not continue to be housed in the Facility, the SHERIFF agrees to remove that inmate from the Facility, within 24 hours, or if such inmate has not yet been arraigned then within 24 hours following arraignment. g. To provide and maintain such signs within the facility as may be necessary for its operation. 2. The CITY agrees, subject to the terms of this Agreement: a. To provide and hereby grant onto the 0.C.S.D. a License over and upon that portion of the Southfield Public Safety Building, described as the Facility, for the purpose of operating a jail within the Facility and further that: i. The Facility will only be used for the detention and housing of 0.C.S.D. prisoners and as related office facilities and accommodations required by 0.C.S.D. personnel and as necessary for the safe and orderly operation of the Facility. ii. During the term of this License, the 0.C.S.D. shall be authorized to limit access to the Facility to any persons by any reasonable means necessary to insure the security and safety of the Facility. However, access shall be made available to CITY, or its AGENTS, as defined herein, to fulfill any CITY obligations under this Agreement and/or upon the CITY's showing of good cause. iii. During the term of the License, Grantor agrees to provide 0.C.S.D. reasonable access and easement rights for any necessary utilities, ingress and egress to the Facility, and contiguous parking spaces for 0.C.S.D. vehicles as required for the safe and effective operation of the Facility through the CITY's contiguous property. iv. This grant of License shall terminate upon the termination of this Agreement as provided herein. SOUTHFIELD DETENTION FACILITY 1997-2002 JOINT OPERATING AGREEMENT Page 2 b. To be responsible, at its sole cost and expense, for the maintenance of the Facility in conformity with state and federal law, as well as State of Michigan Department of Corrections specifications, for the operation and certification of a jail facility. As used in this paragraph, "maintenance" includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks and devices and fire safety devices and precautions, reconstruction, equipment renovation, custodial services, including rubbish and trash removal, for the Facility, and also includes the provision of all utilities required to operate the Facility as a jail, including but not limited to heat, air conditioning, power, internal (not external) telephone service, and water at no cost to the 0.C.S.D. This maintenance must be completed within a reasonable time after notice of any defects or problems. In the event maintenance is not performed within a reasonable time after notice, the County may take whatever steps it deems necessary to correct said defect or problem and be entitled to receive the actual cost of performing this maintenance operation. The CITY shall provide, at no cost to the 0.C.S.D., all equipment necessary for any "Intake and Booking" function. c. To purchase, install and maintain, at its sole expense, any necessary communications equipment and electronic surveillance equipment reasonably necessary for prisoner security and protection at the Facility. d. To provide fire, extended coverage, public liability, and property damage insurance policies covering the Facility. The CITY hereby waives any right to subrogation against the 0.C.S.D. or any of its AGENTS under such insurance policies and further agrees to notify its insurance carriers of this waiver and obtain the appropriate written waivers of subrogation from each of the applicable insurance carriers. e. To install and maintain all necessary outside building signs and make available to Facility inmates Southfield's library services and such other similar available CITY resources or services which may be helpful in any prisoner rehabilitation effort. f. To provide adequate locker and office space commensurate with the amount of personnel employed considering the amount of locker space that is needed to hold all of those items reasonably expected to be used or carried by jail personnel; including but not limited to uniforms, shoes, hats, athletic equipment and police paraphernalia, providing that there is sufficient locker space available beyond that which is utilized by City police personnel. The office space provided shall be sufficient enough to maintain an operating jail considering the personnel and office equipment necessary to carry out the operation. To pay to the COUNTY the following amounts: i. FOR THE PERIOD JULY 1, 1997 TO JUNE 30, 1998 THE SUM OF FOUR HUNDRED FIFTY EIGHT THOUSAND AND FIVE HUNDRED ($458,500.00) DOLLARS, which amount shall be paid the COUNTY in equal installments of $38,208.33 for each and every month, and any part of any month (prorated on the basis of a 30 calendar days/month), that this Agreement is in effect. Except as otherwise provided herein, each monthly installment shall be paid to the COUNTY on or before the 15th day of the month for which the monthly payment is due and owing. The COUNTY shall invoice the CITY on or about the beginning of each month showing any amounts due that month, as well as any past due amounts; however, the receipt of any invoice shall not be a condition precedent SOUTHFIELD DETENTION FACILITY 1997-2002 JOINT OPERATING AGREEMENT Page 3 g. to the CITY's payment obligation. ' The CITY further agrees that the annual amounts and the monthly payments for the remainder of the contract shall be as follows: Annual Amount: Monthly Payments: 7/1/98 - 6/30/99 7/1/99 - 6/30/00 7/1/00 - 6/30/01 7/1/01 -6/30/02 $472,200.00 486,300.00 500,900.00 515,900.00 $39,350.00 40,525.00 41,741.66 42,991.66 3. The CITY and the 0.C.S.D. mutually agree: a. That subject to the following Paragraph, the term of this Agreement shall cover the period beginning July 1, 1997, and shall remain in effect continuously until it expires without any further act or notice being required of any party at 11:59 p.m. on June 30, 2002. This Agreement may be canceled by the CITY, the COUNTY, or the SHERIFF for any reason and at any time, without any penalty, costs, damages, or liability to the CITY or the 0.C.S.D., upon the giving of Ninety (90) days written notice thereof, by certified mail addressed to the Oakland County Clerk, if canceled by the CITY, or addressed to the Southfield City Clerk, if canceled by either the COUNTY and/or the SHERIFF. b. That this Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the CITY Council. The approval and terms of this Agreement shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and CITY Council and shall also be filed with the offices of the Clerk for the COUNTY and the CITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. c. That they will work together cooperatively to assure the security of the Facility, including protected ingress and egress of prisoners and activities related to prisoner visitation. d. To not illegally discriminate against any employee or applicant for employment with the CITY or 0.C.S.D. contrary to any applicable provisions in the federal or state constitutions or any applicable state statute. e. That the CITY and the COUNTY agree that none of their respective AGENTS as defined herein, either as a result of this Agreement, or arising out of any act(s) by any person in the performance of any duty under this Agreement, shall be considered or asserted to be an employee or AGENT of the other. The CITY and the COUNTY agree that they shall be solely and completely liable for any and all their respective AGENT'S past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, worker's disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related SOUTHFIELD DETENTION FACILITY 1997-2002 JOINT OPERATING AGREEMENT Page 4 to any CITY or COUNTY AGENTS' ernOloyment-status or any alleged violation of any CITY or COUNTY AGENTS' statutory, contractual, or constitution'al rights by their respective employer. f. The CITY agrees to indemnify and hold the COUNTY and its AGENTS harmless from and against any and all CLAIM(S), as defined herein, which are imposed upon, incurred by, or asserted against the COUNTY or its AGENTS by any current or former prisoner or inmate who was housed within the Facility, or such prisoner's successors and assigns, and which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligent or intentional act(s) or omission(s) by the CITY and/or any CITY AGENT. The COUNTY agrees to indemnify and hold the CITY and its AGENTS harmless from and against any and all CLAIM(S), as defined herein, which are imposed upon, incurred by, or asserted against the CITY or its AGENTS by any current or former prisoner or inmate who was housed within the Facility, or such prisoner's successors and assigns, and which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligent or intentional act(s) or omission(s) by the COUNTY and/or any COUNTY AGENT. Notwithstanding the above, neither the CITY nor the COUNTY shall be required or obligated to indemnify, and/or hold the other or any of the other's AGENTS harmless in any CLAIM(S) involving, or which in any part or any manner result or arise from, or are in any way related to: a) any criminal investigation, criminal charges, criminal prosecution or criminal proceeding, or pay any costs, expenses, attorney fees, fines, damages, or liabilities of any kind whatsoever which are incurred in or result from any criminal investigation or prosecution, or b) any CLAIM(S) which may be brought against the CITY by, or on behalf of, any CITY AGENT or any CLAIM(S) which may be brought against the COUNTY by, or on behalf of, any COUNTY AGENT. That for all purposes, and as used throughout this Agreement: "CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or damages, grievances, suits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, or any other amount or any other liabilities of any kind whatsoever whether direct, indirect or consequential, whether based upon any alleged violation of the constitution (federal or state), any statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. ii. "AGENT" or "AGENTS", whenever used as referring to either AGENTS of either the COUNTY or the CITY shall be defined to include any and all of either party's officers, elected officials (the SHERIFF is also herein defined as an AGENT of the COUNTY), appointed official, directors, board members, council members, commissioners, authorities, authority board members, boards, committees, commissions, employees (including any law enforcement officers), managers, departments, divisions, volunteers, contractors, agents, representatives, and/or any such person's successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. "AGENT" or "AGENTS" shall also include any person SOUTHFIELD DETENTION FACILITY 1997-2002 JOINT OPERATING AGREEMENT Page 5 who was an AGENT of either the*COIRC:TY or the CITY at any time during the term ofthis Agreement but, for any reason, is no longer employed, appointed, or elected in their previous capacity. That all CITY and/or COUNTY indemnification and hold harmless promises, waivers of liability, representations, liabilities, payment obligations, and/or any other related obligations provided for in this Agreement with regard to any acts, occurrences, events, transactions, or CLAIM(S) either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. h. The SHERIFF, the CITY, and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental law enforcement services, within their respective jurisdictions, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the CITY, the SHERIFF and/or the COUNTY. i. The CITY and the 0.C.S.D. agree that this Agreement does not, and is not intended to limit, modify, control, or otherwise affect in any manner the SHERIFF's sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which in any way governs or controls any activity or the performance of any duty by any SHERIFF's AGENT, this includes, but it is not limited to, policies established to limit jail population, subject to the obligation of 0.C.S.D to receive and book into the facility any person arrested and presented by any City Agent pursuant to Section 1(c) hereof. The City and the 0.C.S.D. further agree to monitor detainment practices of non-assaultive misdemeanor arrests to ensure appropriate bonds and appropriate book and release practices for optimum utilization of secure bed space, The CITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the 0.C.S.D. any civil or legal responsibility, obligation, duty of care, or liability associated with the ownership or maintenance of the Facility. k. Except as expressly provided herein for the benefit of the CITY or the COUNTY, this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind, in favor of any person, organization, alleged third party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. I. The CITY and the COUNTY each warrant that they have reviewed all of their current or proposed employment, labor and/or union contracts with any and all persons who are or may be affected by this Agreement, and each hereby warrants that it presently does not have, and does not anticipate, during the term of this Agreement, that they will have any employment, labor and/or union contracts that will in any manner restrict, interfere with, or prohibit the CITY or the COUNTY from complying with their respective obligations and duties as set forth in this Agreement. SOUTHFIELD DETENTION FACILITY 1997-2002 JOINT OPERATING AGREEMENT Page 6 g. J. m. The CITY and the 0.C.S.D. shall prorhptly deliver to the other written notice and/or copies of dny CLAIM(S), complaint(s), charge(s), or any other 'accusation(s) or allegation(s) of negligence or other wrongdoing, whether civil or criminal in nature, that either becomes aware of which involves in any way the CITY or 0.C.S.D. or any of their AGENTS. The CITY and the 0.C.S.D. agree to cooperate with each other in any investigation conducted into any act(s) or work performance of their respective AGENTS. n. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement is intended to and, in all cases, shall be construed as a whole according to its fair meaning and not construed strictly for or against any party. As used in this Agreement, any use of the singular or plural number, any reference to the male, female, or neuter gender(s), possessive or nonpossessive shall also be deemed to include the appropriate other whenever the context so suggests or requires. o. Absent an express written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right regarding any existing or subsequent breach or default under this Agreement. No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. p. The COUNTY, the SHERIFF, and the CITY acknowledge that this Agreement shall be binding upon each of them and, to the extent permitted by law, upon their administrators, representatives, subsidiaries, executors, successors and assigns, and all persons acting by, through, under, or in concert with any of them. This Agreement, consisting of a total of nine (9) pages, sets forth the entire Agreement for joint operation of the Facility between the 0.C.S.D. and the CITY and fully supersedes any and all other agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the 0.C.S.D. and the CITY in any way related to the subject matter hereof, except as expressly stated herein. 4. For and in consideration of the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the 0.C.S.D. and the CITY hereby agree and promise to be bound by the terms and provisions of this Agreement. q. SOUTHFIELD DETENTION FACILITY 1997-2002 JOINT OPERATING AGREEMENT Page 7 IN WITNESS WHEREOF, DONALD F. FRACASSI, Mayor',.for the CITY, hereby acknowledges that he has been authorized by a resolution of the CITY COUNCIL (a certified copy of which is attached) to execute this Agreement on behalf of CITY OF SOUTHFIELD, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, and hereby accepts and binds the CITY OF SOUTHFIELD to the terms and conditions of this Agreement on this day of , 1998. WITNESSES: CITY OF SOUTHFIELD, a Michigan Municipal Corporation By: DONALD F. FRACASSI Mayor, City of Southfield And By: MARY A. BONNER Clerk, City of Southfield IN WITNESS WHEREOF, JOHN P. McCULLOCH, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of the Agreement on this day of 1998. WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional Corporation By: JOHN P. McCULLOCH, Chairperson, Board of Commissioners IN WITNESS WHEREOF, JOHN F. SHERIFF, a Michigan Constitutional COUNTY SHERIFF to the terms , 1998. NICHOLS, in his official capacity as the OAKLAND COUNTY Officer, hereby accepts and binds the Office of the OAKLAND and conditions of this Agreement on this day of WITNESS: By: JOHN F. NICHOLS, Oakland County Sheriff SOUTHFIELD DETENTION FACILITY 1997-2002 JOINT OPERATING AGREEMENT Page 8 FISCAL NOTE (Misc. #98068) April 2, 1998 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: SHERIFF DEPARTMENT - SOUTHFIELD DETENTION FACILITY AGREEMENT - TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance has reviewed the above referenced resolution and finds: 1. Contract rates for renewal of the Southfield Detention Facility Agreement have been proposed for the period July 1, 1997 through June 30, 1998 in the amount of $458,500, for the period July 1, 1998 through June 30, 1999 in the amount of $472,200 and for the period July 1, 1999 through June 30, 2000 in the amount of $486,300. 2. The projected FY 1998 revenue of $465,250 which includes billing adjustment from July 1997 through January 1998 is $6,385 more than the FY 1998 budgeted revenue of $458,865. The projected FY 1999 revenue of $475,725 is $16,860 more than the budgeted FY 1999 revenue of $458,865. 3. The FY 1998 and FY 1999 budgets should be amended to increase accounts as follows: Estimated Revenue 101-43-13425-20025-0985 Special Deputies Expenditure Appropriation 101-90-29000-25000-2564 Contingency FY 1998 FY 1999 $6,385 $16,860 $6,385 $16.860 $ 0 0 FINANCE COMMITTEE Resolution #98068 April 2, 1998 Moved by Moffitt supported by Gregory the resolution be adopted. AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Palmer, Powers, Schmid, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson. (23) NAYS: Obrecht. (1) A sufficient majority having voted therefor, the resolution was adopted. 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 April 2, 1998 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 2nd day oKeP!yril Lynn D. Allen, County Clerk