HomeMy WebLinkAboutResolutions - 2002.03.13 - 26856MISCELLANEOUS RESOLUTION #02040 March 14, 2002
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: CIRCUIT COURT - 2002 MICHIGAN DRUG COURT IMPLEMENTATION GRANT (ADULT
PROGRAM)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Circuit Court applied for a grant with the State Court
Administrative Office (SCAO), Michigan Drug Court Grant Program with a
granting period of January 1, 2002 through December 31, 2002; and
WHEREAS the application requested funding in the amount of $173,339 of
which $75,000 was the state portion, $25,000 was the County's match, and
$73,339 would be derived from other sources of funding; and
WHEREAS the award from the SCAO is for $60,000, $20,000 is the County's
Match, $63,339 from the Michigan Department of Corrections, and $10,000 from
the Michigan Department of Community Health, Office of Substance Abuse for a
total of $153,339 (a 12% variance from the application); and
WHEREAS the twenty-five percent (25%) cash County Match of $20,000 was
budgeted in the Circuit Court general fund budget, and no additional
appropriation is required; and
WHEREAS the court intends to continue the Drug Court to deal with the
problems of increasing recidivism, increasing use of alcohol and illegal
drugs, rising systems costs, and an increase in jail days ordered; and
WHEREAS to provide program coordination the Circuit Court (Adult
Program) will fund the (1) full-time eligible special revenue Community
Service Coordinator for three quarters of the 2002 calendar year, as the
first quarter has been funded with carryover funding from the 2002 SCAO Drug
Court Grant 2001 -15; and
WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to
maintain proportionate funding for Federal, State and Private grants; and
WHEREAS the contract is in process of approval in accordance with the
County Executive's Review Process.
WHEREAS the County will make reasonable effort to continue the Drug
Court Program but is not mandated to continue the program under all
circumstances.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the State Court Administrative Office, Michigan Drug
Court Program Grant, in the amount of $153,339 which includes $60,000 from
the State, $20,000 as the County's Match, $63,339 from the Michigan
Department of Corrections, and $10,000 from the Michigan Department of
Community Health.
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners is authorized to execute the contract and that the chairperson
may approve amendments and extensions up to fifteen (15%) percent variance
from the award, consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant is conditioned
upon the continued interpretation of the contract consistent with the
February 6, 2001, letter from the Michigan Supreme Court, State Court
Administrative Office, providing that assurance #4 of the grant application
shall not be construed as a mandate for future funding of the program from
the funding unit, said letter attached hereto and incorporated by reference
herein.
BE IT FURTHER RESOLVED that the Circuit Court (Adult Program) grant
fund the one (1) full-time eligible special revenue Community Service
Coordinator for three quarters of the 2002 calendar year, the first quarter
having already been funded with carryover funds from the 2001 SCAO Drug Court
Grant 2001-15.
Circuit Court Administrator's Office
22171
Initial Revision # Extension Final Other *
No Date: Is Board Resolution required? Yes — Resolution #
CONTRACT/PROGRAM REVIEW REQUEST
Date:
To:
From:
Title/Subject:
File #
Contact Person:
February 19, 2002
Greg Givens for Distribution
Richard M. Lynch
2002 SCAO Drug Court Grant Contract
SCAO 2002 - 15 Department:
Richard M. Lynch Telephone #:
STATUS: (Check appropriate box)
* If "other" is checked, please explain:
PERSONNEL DEPT:
Disapproved *
RISK MANAGEMENT AND SAFETY:
Approved r Disapproved *
MANAGEMENT AND BUDGET:
Disapproved *
CORPORATION COUNSEL:
Disapproved *
Modify * Date: Signature:
Modify * Date: Signature:
Modify * Date: Signature:
Modify * Date: Signature:
Approved
Approved
Approved
CONTRACT/PROGRAM SYNOPSIS:
This is the second year drug_court grant contract for the Circuit Court Adult Treatment Court. The grant will fund the
coordinator position and provide emergency funds for substance abuse detoxification for program participants. The
coordinator position budget addresses the last three quarters of the grant year, as the first quarter has been funded by
carryover funds from SCAO 2001 — 15.
* When "Disapproved" is noted or "Modify" is requested, attach explanation.
Risk Management & Safety — Revised 2198
GATeny's Piles \Word '97Sanrica \Watershed \CONTRACT-PROGRAM REVIEW REQUEST.doc
Sincerely,
Michigan Supreme Court
State Court Administrative Office
P.O. Box 30048
Lansing, Michigan 48909
Phone (517) 373-0130
John D. Ferry, Jr., State Court Administrator
January 7, 2002
Hon. Joan Young
Chief Judge
6th Circuit Court
Courthouse Tower, Dept. 404
1200 N. Telegraph Rd.
Pontiac, MI 48341-0404
RE: Michigan Drug Court Grant Program
Grant Award Notification and Contract
Grant Award Amount $60,000
Dear Judge Young:
We are pleased to inform you that your court has been awarded a grant in the amount of $60,000 from the
Michigan Drug Court Grant Program.
Due to the State Court Administrative Office receiving funding requests exceeding the amount of funding
appropriated for the program, we were unable to fund all grant applications at their requested levels.
The grant contract and required reporting forms are being sent to the Project Contact that your court has
identified on your grant application. Please submit a revised budget detail page to reflect the amount awarded. A
copy of your signed grant contract and revised budget detail page will need to be returned to the State Court
Administrative Office as soon as possible. Your Project Contact will then receive a final copy of the grant contract
signed by the State Court Administrative Office.
If you have any questions, please contact Margie Good or Rebecca Mack at (517) 373-5596.
Dawn Monk
Deputy State Court Administrator
cc: Mr. John D. Ferry, Jr.
Ms. Dee Van Horn
Ms. Rebecca Mack
Ms. Margie Good
Mr. Richard Lynch
MICHIGAN SUPREME COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN DRUG COURT GRANT PROGRAM
2002
GRANT CONTRACT
6th Circuit Court - Adult Division
Grantee
38-6004876
Federal ID Number
SCAO-2002-15
SCAO Grant Number
$60,000.00
Grant Amount
The purpose of the Michigan Drug Court Grant Program is to provide funding assistance
to circuit and district courts to help with the implementation of new drug courts, expansion of
existing drug courts, and continuation funding for drug court programs no longer eligible to
receive federal funding for their drug court program.
Grants from the Michigan Drug Court Grant Program are awarded to Grantees
conditioned upon the Grantee's agreement to comply with the policies and procedures set forth in
the Application Guidelines and Administrative Requirements for the Program and this grant
contract. The Grant Contract becomes effective upon signatures of the Grantee's Authorizing
Official and the State Court Administrator or his designee.
Michigan Drug Court Grant Program-2002
Page Two
1. Contract
This contract consists of and incorporates Grantee's Approved Grant Application and
Budget.
2. Definitions
A. Grantee's Grant Application submitted to and approved by the State Court
Administrative Office for FY 02 funding and documents submitted in addition to or in
clarification of that document at the request of the State Court Administrative Office shall be
referred to as the "Grant Application".
B. The budget submitted with Grantee's Grant as approved by the State Court
Administrative Office, shall be referred to as the "Budget Section".
3. Contract Administration
The State Court Administrator or his agent shall have full authority to act for the Grantor
in the Administration of this Contract consistent with the following provisions.
4. Term of Contract
The contract shall be effective upon signature of the State Court Administrator or Deputy
State Court Administrator when signed by the authorizing official, and shall terminate on
December 31, 2002, unless terminated earlier. Grantee understands that funding under this
Contract does not provide for future funding from the Michigan Drug Court Grant Program.
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Michigan Drug Court Grant Program-2002
Page Three
5. Contract Funding
Upon approval of the Grantee's Application, the State Court Administrative Office agrees
to provide funding from the Michigan Drug Court Grant Program in an amount not to exceed the
amount of the grant contract. In no event does this contract create a charge against any other
funds of the State Court Administrative Office or the Michigan Supreme Court.
6. Conduct of the Project
A. Grantee shall abide by all terms and conditions imposed and required by the Grant
Application Guidelines, Administrative and Budget Requirements.
B. Grantee shall operate its drug court project in accordance with the Key Components
of Drug Courts as outlined in the Application Guidelines.
C. Grantee shall comply with all applicable Federal, State and local laws, rules, and
regulations.
7. Cash/In-Kind Match
The State share of the grant project may not exceed 75% of the total project costs. At
least 25% of the total project cost is a required match and must come from local or other sources.
Cash contributions must constitute a portion of the required match. Portion is not defined.
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Michigan Drug Court Grant Program-2002
Page Four
8. Assignments and Subcontracts
All appropriate provisions and requirements of this Contract shall apply to any sub-
contracts or agreements. Grantee shall be held responsible by the State Court Administrator for
the performance of any sub-contractor.
9. Independent Contractor Status
A. Both parties of this Contract will be acting in an independent capacity and not as
agents, employees, partners, joint ventures, or associates of one another. The employees or
agents of one party shall not be deemed or construed to be the agent or employee of the other
party for any purpose.
B. Grantee understands and agrees that all persons furnishing services pursuant to this
Contract are, for purposes of Workers Compensation liability or other actions of employee-
related liability, not employee of the State Court Administrative Office or Supreme Court.
Grantee bears the sole responsibility and liability for furnishing Workers Compensation benefits to
any of its employees for injuries arising from or connected with services performed pursuant to
the Contract. Grantee may require subcontractors expected to perform services under this
contract to provide further information according to local policies and procedures.
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Michigan Drug Court Grant Program-2002
Page Five
10. Indemnification
Each party to this Contract will remain responsible for any claims arising out of that
party's performance of this Contract as provided by this Contract or law. This Contract is not
intended to increase or decrease either party's liability for or immunity from tort claims. This
Contract is not intended to nor will it be interpreted as giving either party hereto a right of
indemnification, either by contract or at law, for claims arising out of the performance of this
Contract.
11. Debarment and Suspension
A. Grantee may not contract with or make any award of the State Court Administrative
Office Drug Grant funds at any time to any party which is debarred or suspended or is otherwise
excluded from or ineligible for participation in federal assistance programs under Executive
Order 12549, "Debarment and Suspension."
12. Acquisition, Accounting, Record Keeping & Inspection
A. Grantee agrees that all expenditures from this Contract including the acquisition of
personnel services, contractual services, supplies, and equipment, shall be in accordance with (1)
the standard procedures of Grantee's unit of government and (2) the Administrative and Budget
Requirements of the Michigan Drug Court Grant Program.
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Michigan Drug Court Grant Program-2002
Page Six
B. Grantee agrees to maintain accounting records following generally accepted
accounting principles for the expenditure of funds for the purposes identified in the Grant
Application, Budget, and any applicable approved contract addendum and/or budget amendment.
C. Grantee agrees that the Supreme Court, State Court Administrative Office, the local
government audit division of the Michigan Department of Treasury, the State Auditor General,
or any of their duly authorized representatives, including program evaluators and auditors, shall
have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent
transaction, books, accounts, data, time cards, or other records related to this Contract. Such
materials, including all pertinent costs reports, accounting and financial records shall be kept and
maintained by Grantee for a period of five (5) years after completion of this Contract or until all
State Court Administrative Office audits are complete for the fiscal period, whichever is later. If
an audit or review of grant records finds that funds were used for non-approved expenditures, the
grantee is responsible for repayment of those funds. Failure of Grantee to comply with
requirements of this section shall constitute a material breach of this Contract upon which the
State Court Administrator may cancel, terminate, or suspend this Contract.
D. The grantee's accounting system must maintain a separate fund or account which
segregates the Michigan Drug Court Grant Program contract receipts and expenditures.
13. Accountability for Michigan Drug Court Grant Program Funds
Grantee agrees that it will not expend funds obtained under this agreement for any
purpose other than those authorized in the Administrative Requirements and specified in the
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Michigan Drug Court Grant Program-2002
Page Seven
Grant Application and Budget for the Michigan Drug Court Grant Program and will expend
granted funds only during the period covered by the Contract unless prior written approval is
received from the State Court Administrative Office.
14. Program Evaluation and Review
Grantee shall allow appropriate Supreme Court and State Court Administrative Office
representatives to evaluate, audit, inspect and monitor operation of the drug court. The
inspection methods that may be used include: on-site visits; interviews of staff and drug court
participants; and review of case records, receipts, monthly/quarterly statistical reports, and fiscal
records.
15. Reports
A. Grantee agrees to provide reports as identified in the Application Guidelines and
Administrative Requirements for the Michigan Drug Court Grant Program to the State Court
Administrative Office as follows:
B. Financial Reports: Financial reports are due quarterly 30 days following each quarter
of the calendar year with the exception of the 3rd quarterly report which will be due October 10,
2002 in order to meet fiscal year end reporting requirements. Therefore, quarterly reports will be
due April 30, 2002; July 30, 2002; October 10, 2002, and January 30, 2003. Reimbursement for
grant costs and future funding may be withheld if the progress and financial reports are
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Michigan Drug Court Grant Program-2002
Page Eight
delinquent. The State Court Administrative Office will provide copies of the financial report
forms with grant contracts for each grant award made.
C. Progress Reports: Progress reports are due semi-annually. The reports will be due on
June 30, 2002 and one month after the end of the calendar year or January 30, 2003. The
progress reports describe activities during the reporting period and the status of accomplishment
of objectives as set forth in the application for grant funding. The final report must provide a
summary of progress toward achieving the goals and objectives of the award, significant results,
and any products developed under the award. The State Court Administrative Office will
provide copies of the progress report forms with the grant contract for each grant award made.
D. Estimated Expenditure Report: An Estimated Expenditure Report will be due on
October 10, 2002 reporting expenditures for the grant through September 30, 2002 and estimated
expenditures through the end of the calendar year or December 31, 2002. If expenditures are
substantially less than anticipated in the grant application the State Court Administrative Office
may modify grant contracts accordingly so that funds may be reallocated to other jurisdictions in
need of funding.
E. Drug Court Grantee Data Collection Survey: Recipients of implementation,
enhancement and continuation funding are required to submit to the SCAO the Thug Court
Grantee Data Collection Survey developed by the federal Drug Court Grant Program 30 days
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Michigan Drug Court Grant Program-2002
Page Nine
after the end of the grant project or January 30, 2003. These data will capture baseline
information on both drug courts and defendants. The data are intended to serve as a minimum
data set for both local and national evaluation efforts.
F. The State Court Administrative Office retains the right to reallocate grant funding if
ongoing progress is not being made toward implementation of the drug court grant project.
Reimbursement for grant costs and future funding may be withheld if the Financial Reports and/or
Program Progress Reports are delinquent or the Drug Court Grantee Data Collection Survey is
not completed.
16. Modification
Program Modification: This Contract fully expresses the agreement between the parties.
No modification of Grantee's Contract regarding the program can be made without prior written
approval of the State Court Administrative Office using a Contract Adjustment Request Form
included in the Grant Application packet.
Budget Modification: Adjustments in expenditures within line item categories in the
approved budget may be made up to $1,000 without prior written approval of the State Court
Administrative Office. Modifications in line item categories in excess of $1,000 require prior
written approval of the State Court Administrative Office and can be requested using a Contract
Adjustment Request Form included in the Grant Application packet.
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Michigan Drug Court Grant Program-2002
Page Ten
17. Funding Hold/Termination
The State Court Administrative Office, may at its election, place a funding hold on
contracted amounts not yet disbursed, or terminate the contract if the State Court Administrative
Office concludes that the Grantee is not in compliance with the conditions and provisions of this
Grant Contract, the Grant Application Guidelines and Administrative Requirements or the
Budget Requirements of the Michigan Drug Court Grant Program. The State Court
Administrative Office may extend an opportunity for the Grantee to demonstrate compliance.
Notification of a funding hold or termination will be in writing.
Authorized By:
State Court Administrative Office Date
Acceptance by Grantee:
Authorizing Official (Signature) Date
Authorizing Official/Title
Chief Judge (Signature) Date
Name of Chief Judge (Printed)
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MICHIGAN DRUG COURT GRANT PROGRAM
BUDGET SUMMARY
FISCAL YEAR 2002
Bucket Catezory Total Cost State Grant In Kind Match Cash Match Other
1. Personnel $38,409 $38,409 $0 $0 $0
2. Fringe Benefits $15,272 $15,272 $0 $0 $0
3. Consultant!'
Contractual $25,000 $5,000 $0 $20,000 $0
4. Travel $0 $0 $0 $0 $0
5. Consultant/
Contractual Travel $0 $0 $0 $0 $0
6. Supplies $1,319 $1,319 $0 $0 $0
TOTAL PROJECT COSTS $80,000
State Request (75% max) $60,000
Local Match (25% max) Cash $20,000
In Kind $0
Other Funding Sources
Michigan Department of Corrections $63,339
Office of Substance Abuse $10,000
1
MICHIGAN DRUG COURT GRANT PROGRAM
BUDGET NARRATIVE
FISCAL YEAR 2002
A. PERSONNEL
Coordinator: The Coordinator position has been expanded to full time status. The duties of
the Coordinator are outlined in the position description available in the Documents section of
this application. The position is equivalent to a Community Service Coordinator within the
Oakland County Merit System.
B. FRINGE BENEFITS
Benefits will be dispensed according to the Oakland County Merit System. Therefore, full
time positions accrue benefits at a composite rate of 40%, with the percentage breakdown as
indicated in the Fringe Benefit portion of the Budget Detail Worksheet.
C. CONTRACTUAL
Visiting Judge: The SCAO has authorized a visiting judge for Oakland County to help
address docket issues. This judge presides over the ATC. As the designated judge has
retired, payments will not be made from state funds, as in the case of a sitting judge.
Emergency Detoxification Funds: The ATC recognizes that situations will occur in which a
participant will need emergency detoxification. It is the intention of the ATC to reserve
some funds for the majority of the year to secure this service for all program participants.
D. TRAVEL
No expenses to reflect.
E. CONSULTANT TRAVEL
No expenses to reflect.
F. SUPPLIES/OPERATING
NEEDS Assessment testing: Tests are administered to all drug court candidates. This figure
reflects the cost of x tests and access to the NEEDS Outcome program at $8.00 per test.
2
MICHIGAN DRUG COURT GRANT PROGRAM
BUDGET DETAIL WORKSHEET
FISCAL YEAR 2002
A. PERSONNEL:
List each position by title or name of employee if available. Show the annual salary rate and
the percentage of time devoted to the project.
Name/Position Computation Cost
Ellen Zehnder/Coordinator $24.62/hr. x 40 hr per wk x 39 wk
B. FRINGE BENEFITS:
Fringe benefits should be based on actual known costs or an established formula. Fringe
benefits are only for the personnel listed in the budget and only for the percentage of time
devoted to the project. Check the fringe benefits that apply and indicate the composite rate
percentage.
$38,409 for three qtrs.
X FICA
X Unemployment Insurance
X Retirement
X Hospital Insurance
Other
Composite Rate: 40%
Fringe Benefit Total $15 3272
X Life Insurance
X Vision Insurance
X Dental Insurance
X Worker's Compensation
TOTAL PERSONNEL AND FRINGE BENEFIT TOTAL $533681
C. CONSULTANT/CONTRACTUAL
For each consultant enter the name (if known), service to be provided, hourly or daily fee,
and estimated time on the project. Consultant fees in excess of $250 per day require prior
SCAO approval. (Note: Consultant Travel should be listed separately under category E.)
Contractual services for treatment, case management/monitoring and drug testing should be
included in this section.
Name of Consultant Service Provided
Hon. David Breck Visiting Judge
Hospital to be contracted Emergency Detoxification
Computation Cost
$360/day x 55 days $20,000
3-5 days @ $700/day $5,000
D. TRAVEL
Itemize travel expenses of project personnel by purpose (ex. Training etc.). Show the basis
of computation. For training programs, travel and meals should be listed separately. Show
the number of trainees, the unit costs involved, and the location of travel. Travel for
consultants should be listed under Section E under Consultant Travel. All travel must adhere
to the Michigan Supreme Court Standardized Travel Rates for the Judicial Branch effective
10/01/99, which are included in the grant application kit.
Not Applicable, as no travel is requested.
3
E. CONSULTANT TRAVEL
List at travel expenses to be paid form the grant to consultants.
Not Applicable, as no consultant travel is requested.
TOTAL PERSONNEL TRAVEL AND CONSULTANT TRAVEL: Not Applicable.
F. SUPPLIES/OPERATING
Supplies include any materials that are expendable or consumed during the course of the
project. Training registration costs should be included under this section.
Supply Items Computation Costs
NEEDS Assessments $8.00 per test x 164 tests $1,319
G. EQUIPMENT
Equipment is tangible property having a useful life of more than two years. Explain how
equipment is necessary for the success of the project in the Budget Narrative. Equipment
purchased with funding under this grant will be the property of the State Court
Administrative Office but will be retained by the grant recipient as long as the equipment is
used for the specific purposes identified in the grant request.
Not Applicable, as no equipment is requested.
4
Grants-State
Grant Match
Salaries
Fringe Benefits
Professional Services
Office Supplies
$ 60,000
20,000
$ 80,000
$ 38,409
$ 15,272
$ 25,000
$ 1,319
$ 80,000
FISCAL NOTE (MISC. 102040) March 14, 2002
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: CIRCUIT COURT - 2002 MICHIGAN DRUG COURT IMPLEMENTATION GRANT (ADULT
PROGRAM)
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 Circuit Court has received a grant from the State Court
Administrators Office (SCAO), Michigan Drug Court Program, for
the period of January 1, 2002, through December 31, 2002, in the
amount of $60,000.
2. In addition to the grant award of $60,000, a County match
(currently budgeted in the Circuit Court FY 2002 Budget) of
$20,000 is required. The total program also includes a $63,339
Michigan Department of Corrections in-kind match and a $10,000
Michigan Department of Community Health in-kind match, which
brings the total program funding to $153,339.
3. This grant will fund one (1) full-time eligible special revenue
Community Service Coordinator position for three quarters of the
2002 calendar year, as the first quarter has been funded with
carryover funding from the 2001 SCAO Drug Court Grant 2001-15.
4. According to the current agreement language, acceptance of this
grant will not require the County to continue the program beyond
the grant-funding period.
5. A budget amendment is recommended as follows:
Special Revenue Fund 279
Revenue
1-35-279-100111-28000-0171
1-35-279-100111-28000-0167
Expenditures
2-35-279-200111-28000-2001
2-35-279-200111-28000-2075
2-35-279-200111-28000-3348
2-35-279-200111-28000-4252
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Palmer absent.
Resolution #02040 March 14, 2002
Moved by Palmer supported by Crawford the resolutions on the Consent Agenda be adopted with
accompanying reports being accepted.
AYES: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas,
Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson,
Sever, Suarez, Taub, Webster. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted with
accompanying reports being accepted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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
March 14, 2002 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 le day of March, 2002.
G. William Caddell, County Clerk