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HomeMy WebLinkAboutResolutions - 2002.11.21 - 26949MISCELLANEOUS RESOLUTION #02278 November 21, 2002 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2003 ACCESS AND VISITATION GRANT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Friend of the Court submitted a renewal application for the Federal Access and Visitation Grant through the State Court Administrative Office: and WHEREAS this grant is for services to be performed in conjunction with HAVEN, which facilitates parenting time (visitation) for certain cases as determined by the Court; and WHEREAS the Friend of the Court has been awarded the grant for services performed through such agencies not to exceed $50,000 for the period covering October 1, 2002 through September 30, 2003; and WHEREAS the required in-kind matching funds will be provided by the HAVEN. Therefore, no costs will be incurred by the County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2003 Access and Visitation Grant in an amount not to exceed $50,000. BE IT FURTHER RESOLVED Oakland County Friend of the Court contract with the HAVEN to provide the services as detailed in the grant award. BE IT FURTHER RESOLVED the HAVEN will provide the required 10% In-kind matching funds in the amount of $5,556 also as stated in the grant. BE IT FURTHER RESOLVED acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTE Public Services Committee Vote: Motion carried unanimously on a roll call vote with Garfield absent. Prentiss Malone, Jr. From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Tuesday, October 29, 2002 3:21 PM To: VanLeuvenj; Salamone, Joe; Malone, Prentiss Subject: CONTRACT REVIEW— Friend of the Court RE: CONTRACT REVIEW - Friend of the Court - GRANT NAME: FY 2003 Access and Visitation FUNDING AGENCY: State Court Administrative Office DEPARTMENT CONTACT PERSON: Joe Salamone / 80431 STATUS: Acceptance DATE: 28 October 2002 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Department of Management and Budget: Approved - Laurie Van Pelt (4 October 2002) Personnel Department: I approve - Judy Eaton (25 September 2002) Risk Management and Safety: Approved with modifications. Pg. 3, Insurance Coverage. Wording should be added that the contractor can provide self insurance. - Stan Fayne (25 September 2002) Corporation Counsel: After reviewing this grant contract, there apptar to be a few issues regarding insurance or self-insurance, access to facilities and compliance with County security policies that require additional discussion. I have been in contact with SCAO and requested some modifications to the contract language. I believe these issues can be resolved to the satisfaction of the County. Therefore, it seems prudent to submit the grant contract to the BOG for review and approval, pending resolution of these issues. I believe we have covered this situation in the past by including language to the effect "pending final approval of the contract language by corporation counsel." Please call if you have questions. - Karen Agacinski (29 October 2002) Please note the comments from both Risk Management and Corporation Counsel. These issues should be considered before submission to the Board for acceptance. Once this is done the captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Greg Givens, Supervisor Grants Administration Unit Fiscal Services Division Page 1 of 1 Helen Hanger From: Karen Agacinski [agacinskik@co.oakland.mi.us] Sent: Tuesday, November 05, 2002 10:56 AM To: VanPelt, Laurie; Fayne, Stan ; Eaton, Judy; Salamone, Joe; Givens, Greg; Mitchell, Sheryl; Fournier, Nancy; Frederick, Candace; Mason, Jennifer; Ross, David; VanLeuven, Jim Subject: SCAO access and visitation grant Grant Information Operating Department: FOC Department Contact: Joe Salamone Contact Phone: 80341 Internal ID No. NA Other ID No.: CFDA#93.597 Funding Continuation: Fourth Year Grantor Funds: $50,000 Total budget: $50,000 Review Status Acceptance--Resolution Required In reviewing this grant contract, there were a few issues regarding insurance or self-insurance, access to facilities and compliance with County security policies that I asked SCAO to address. While they declined to change the contract language, they sent an explanatory letter that addresses at least the insurance/self insurance and access issues in a reasonably satisfactory way. They also dropped the demand to see proof of insurance by our subcontractors. And, SCAO indicated that they will add language to address some of these issues in the next contract. While SCAO's response is not quite what I had hoped for, I believe it resolves and clarifies these issues sufficiently to permit the County to sign the contract. I will forward the e-mail from Steve Capps, since my computer skills do not seem up to saving a document written in WordPerfect in word. Please call if you have questions. thank you, Karen Agacinski Assistant Corporation Counsel 11/14/2002 Michigan Supreme Court State Court Administrative Office 309 N. Washington Square, P.O. Box 30048 Lansing, Michigan 48909 (517) 373-2222 TEL (517) 373-2112 FAX Email FerryjaiJud.state.mi.us John D. Ferry, Jr., State Court Administrator MEMORANDUM To: Recipients of the 2003 Access and Visitation Grant From: Carolyn Rose, Management Analyst State Court Administrative Office Subject: 2003 Access and Visitation Grant Contract Date: September 18, 200 2 Enclosed is the 2003 Access and Visitation Grant contract. Please review and complete the contract by providing the appropriate Federal Tax Identification Number and Mail Code which are located on the first page of the contract. Please retain a copy of the signed contract for your records and return the contract with the original signature page to our office by October 25, 2002 so that we may proceed to disperse the initial grant payment. If your approved grant is different than the amount you requested, you must also submit a revised budget with your contract. The "Billing and Statement of Expenditure Report" which is to be submitted to our office quarterly to detail program related expenses, will be mailed to your office under separate cover. If you have any questions please contact me at (517) 373-8081 or at RoseCr&courts.mi. LIOV MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE 2003 ACCESS AND VISITATION GRANT GRANT CONTRACT Contractor : Oakland 6th Circuit Court Oakland County Friend of the Court Federal ID# Mail Code# CFDA #: 93.597 Grant Amount: $50,000.00 This Contract, effective the first day of October 2002 and ending the thirtieth day of September 2003, is by and between the Stpte Court Administrative Office having the mailing address of 309 N. Washington Square, P.O. Box 30048, Lansing, MI 48909 (SCAO) and the County of Oakland, having the mailing address of 230 Elizabeth Lake Road, Pontiac, MI 48341-1011 ( the "Contractor") Whereas, the Chairperson of the County Board of Commissioners has the lawful authority to bind the Contractor and both the County and Court agree that the Friend of the Court under the direction of the chief judge shall perform the terms set forth in this Contract; NOW, THEREFORE, in consideration of the above, and in consideration of the promises and mutual covenants of this Contract, the parties agree as follows: Page 1 of 11 GENERAL PROVISIONS A. State Court Administrative Office's Source of Funds-Termination The State Court Administrative Office's payment of funds for purposes of this Contract is subject to and conditional upon the availability of Federal Access and Visitation Grant funds. No commitment is made by the State Court Administrative Office to continue or expand activities covered by this Contract. The State Court Administrative Office may terminate this Contract immediately upon written notice to the Contractor and Court at any time before the completion of this Contract if, in the opinion of the State Court Administrative Office, funding becomes unavailable for this service or such funds are restricted. B. Fees and Other Sources of Funding Any expense for which a request for reimbursement is made under this Contract shall not be financed by any source, including client fees, other than the State Court Administrative Office under the terms of this Contract. If funding is received through any other source, unless the additional source of funding is resulting from the grant requirement that a minimum of 10% of the program costs must be obtained through other funding resources, the Contractor and Court agree to delete from Contractor billings, or to immediately refund to the State Court Administrative Office, the total amount representing any duplication of funding. C. Review and Monitoring Reports The Contractor and Court shall comply with all program and fiscal review reporting procedures to be submitted on a quarterly basis and on specified forms as established by the State CourtAdministrative Office. Any additional reports which the State Court Administrative Office proposes to be completed by the Contractor or Court shall be completed pursuant to agreement by the parties to this Contract. D. Examination and Maintenance of Records The Contractor and Court shall permit the State Court Administrative Office 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 Contract for five (5) years after final payment, at their cost, and Federal auditors and any persons duly authorized by the State Court Administrative Office shall have full access to and the right to examine and audit any of said material during said period. If an audit is initiated before the expiration of the five-year period, and extends past that period, all documents shall be maintained until the audit is completed. The State Court Administrative Office shall provide findings and recommendations of audits to the Contractor and Court. The State Court Administrative Office may adjust future payments or final payment if the findings of an audit indicate over or under payment to the Contractor for the period audited subject to the availability of federal funds for Page 2 of 11 such purposes. If an audit discloses an Overpayment to the Contractor, the Contractor shall immediately refund all amounts which may be due the State Court Administrative Office. 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 Rights and Other Laws 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, FL. 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 Contract. G. Royalties and Copyright The Contractor grants to the State Court Administrative Office 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 Contract, including all copyrighted materials, whether produced by the Contractor or by subcontractors employed by the Contractor to perform services pursuant to this contract. H. Confidentiality The use or disclosure of information concerning clients obtained in connection with the performance of this Contract shall be restricted to purposes directly connected with the administration of the programs implemented by this Contract and as required by federal regulations and state statutes. Page 3 of 11 I. Subcontracts The Contractor and Court shall be responsible for the performance of all subcontractors, and shall insure the subcontracted agents comply with all provisions and are subject to the terms of this Contract. The Contractor may not assign its rights nor delegate its duties under this contract. The Contractor shall be held responsible by the State Court Administrative Office for the performance of any sub- contractor. J. Cancellation of Contract The State Court Administrative Office reserves the right to cancel this Contract in whole or in part at any time the State Court Administrative Office deems that termination is in its best interest. The State Court Administrative Office shall terminate services by delivering to the Contractor or Court a written Termination Notice which specifies the extent to which services are terminated and the effective termination date. After receiving a Termination Notice under this subsection and unless otherwise expressly directed by the State Court Administrative Office, the Contractor and the Court shall take all necessary steps to stop service on the date and to the extent specified in the Termination Notice and shall complete services not so terminated. K. Closeout/Extension When this Contract is concluded or terminated, the Contractor and Court shall provide the State Court Administrative Office, within thirty (30) calendar days after conclusion or termination, with all financial, performance and other reports required as a condition of the Contract, unless written extension is granted by the State Court Administrative Office for extenuating circumstances. The State Court Administrative Office shall make payments to the Contractor for allowable reimbursable costs not covered by previous payments. The Contractor shall immediately refund to the State Court Administrative Office any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. L. Continuing Responsibilities Termination, conclusion, or cancellation of this Agreement shall not terminate the ongoing responsibilities or rights of the parties as provided in the clauses titled Examination and Maintenance of Records and Closeout/Extension. Page 4 of 11 M. Termination - Unfair Labor Practice The State Court Administrative Office 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. N. Conflict of Interest The Contractor and the Court covenant that they presently have no personal or financial interest and that they will not acquire any such interest direct or indirect, which would conflict in any manner or degree with the performance of the services under this Contract. 0. Liability All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor or the Court in the performance of this Contract shall be the responsibility of the Contractor and the Court, and not the responsibility of the State Court Administrative Office, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, the Court, any subcontractor, or anyone directly or indirectly employed by the Contractor, the court, or any subcontractor, provided that nothing herein shall be construed as a waiver of the governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. P. Agreement Inclusiveness This Contract with the previously mutually approved "2003 Access and Visitation Grant Contract 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 unless amended in writing and signed by all parties. Q. Alternative Funding The Contractor and the Court shall actively seek alternative sources of funding to supplant the funding under this Contract and to maintain the program for which this Contract provides funding. Page 5 of 11 CONTRACTOR RESPONSIBILITIES In addition to the General Responsibilities, the Contractor and Court shall have the following responsibilities: A. Programs Provide programs to support and facilitate parenting time by non-custodial parents. Activities may include mediation, counseling, development of parenting plans, parenting time enforcement (including monitoring, supervision and neutral drop-off and pickup), and the development of guidelines for parenting time and alternative custody arrangements. Follow and adhere to the exact service(s) described in the , "2003 Access and Visitation Grant Contract Application." The Application, shall be considered as the service description the Contractor or its subcontractor shall provide under this Agreement. Maintain administrative processes including safeguarding of information. Within 30 days of the end of the contract period, the Contractor shall submit the final expenditure report for the period October 1, 2002 through September 30, 2003. Any funds not expended by the Contractor shall be returned to the State Court Administrave Office. Only goods and services provided during the term of this agreement will be eligible. The Contractor agrees to repay to the State Court Administrative Office the amount of any Federal disallowance within 30 days of notification by the State Court Administrative Office of the amount disallowed. B. Reports The Contractor and the Court agree to prepare, complete and submit reports as a provision of acceptance of grant funding. The Contractor and the Court shall comply with all monitoring, evaluating and reporting requirements in accordance with regulations prescribed by the Secretary of Health and Human Services and all financial and project reports issued by the State Court Administrative Office, on a quarterly and annual basis. Any programs that consistently submit late quarterly reports, or do not turn reports in, may be subject to suspension of their grant funding. The Grant Contract Application contains an evaluation component that describes in detail what shall be done to evaluate the success of the proposed program. The evaluation methods shall comply with the Federal evaluation criteria. Page 6 of 11 Both quantitative and qualitative methods of evaluation shall be considered. The evaluation method selected shall be able to demonstrate the effectiveness of the project as well as the impact upon the clients participating in the program. Accurate and organized records shall be maintained for evaluation purposes as well as for auditing. The quarterly Report shall be submitted to the State Court Administrative Office within fifteen (15) days from the end of the quarterly billing period. The final Report shall be submitted within thirty (30) days from the end of the contract period to: State Court Administrative Office Friend of the Court Bureau 309 N. Washington Square P.O. Box 30048 Lansing, M148909 C. Applicable Costs The Contractor and Court, as sub recipients 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. Any grant money awarded cannot be used to supplant any funding currently spent on access and visitation programs. Grant money cannot be utilized for any project already funded by the State or the Title IV-D Cooperative Reimbursement Agreements unless the money is used to enhance or supplement an established program. Clear distinctions shall be made between current projects funded by IV-D and enhancements or supplements to these projects. These distinctions must include the separation of tasks between IV-D personnel and grant personnel, documented according to acceptable accounting principles. Under no circumstance shall Title 1V-D funding be utilized to pay for any expenses, administrative or otherwise, incurred from the proposed Access and Visitation Program. D. Billing Method The Actual Cost Reimbursement Method shall be used to claim reimbursement under this Agreement. The Budget is attached hereto and made a part of this Agreement (Attachment A). The Budget and Application detail the amount and type 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. All programs are required to provide a budget narrative when submitting their expenditures. If this Contract is for less than the amount requested in the grant Page 7 of 11 proposal the Contractor submitted, the Contractor shall submit an amended budget to the State Court Administrative Office on or before November 1, 2002. Changes in expenditures within the Contract amount which are over approved amounts in line item categories within the Budget may be made up to 10% without the prior written approval of the State Court Administrative Office. Modifications of line item categories in excess of 10% of the line item require prior written approval by the State Court Administrative Office. An application for Budget Amendments must be made by the Contractor and approved by the State Court Administrative Office before a program modification can be made. Travel will be reimbursed at State approved rates as indicated in Attachment B. E. Statutory and Regulatory Compliance The Contractor agrees to comply with all federal statutes and regulations and state or local laws, regulations and standards in performing its duties under this contract including those contained within Appendix A "Federal Assurances" attached to this Contract and incorporated by reference. F. Billing Procedure The Contractor and the Court shall complete and submit a quarterly and a final "Billing and Statement of Expenditure Report", detailing program-related expenditures. The Report shall indicate actual expenditures by category of expense in the performance of this Agreement during the period of October 1, 2002 through September 30, 2003. Actual expenditures that were reimbursed through matching funds, as indicated in the Access and Visitation Contract Application, should be included in the Billing and Expenditure Report. The quarterly Report shall be submitted to the State Court Administrative Office within fifteen (15) days from the end of the quarterly billing period to: State Court Administrative Office Friend of the Court Bureau 309 N. Washington Square P.O. Box 30048 Lansing, MI 48909 Failure to submit the required expenditure report within 15 days after the close of the quarter may result in delay of payment for the quarter until the completion of the next quarter or forfeiture of the reimbursement payment. Page 8 of 11 Any questions or Inquiries regarding the 2003 Access and Visitation Program Grant, should be directed to Carolyn Rose at (517) 373-8081. Page 9 of 11 STATE COURT ADMINISTRATIVE OFFICE DUTIES AND RESPONSIBILITIES A. Payment The State Court Administrative Office shall make payments to the Contractor approximately four weeks after receipt by the State Court Administrative Office of the Contractors "Billing and Statement of Expenditures Report" detailing program related budgeting expenditures as set forth in the Budget, provided that the report is mailed within 15 days of the completion of the quarter. The State Court Administrative Office 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 State Court Administrative Office as required by this Contract or as are required by applicable state statutes and federal regulations. Failure to submit the required expenditure report within 15 days after the close of the quarter may result in delay of payment for the quarter until the completion of the next quarter or forfeiture of the reimbursement payment. B. Maximum Amount of Agreement The State Court Administrative Office shall pay the Contractor an amount not to exceed the contract amount for services performed under this Contract, exclusively during the period October g1 , 2002 to September 30, 2003. Obligations incurred before or after the period covered by this Contract shall be excluded from the Contractor's quarterly invoices. C. Initial Payment The State Court Administrative Office shall make an initial payment in the amount of 25% of the contract amount to the Contractor within approximately thirty days after full execution of the Contract. Subsequent quarterly payments shall be reduced, in consideration of the initial payment, to prevent total payments from exceeding total expenditures and not to exceed the contract amount. D. Program Compliance Monitoring and Evaluation The State Court Administrative Office shall monitor and evaluate the Contractor's or the Court's performance for compliance with Federal regulations and the terms of this Contract. The Contractor shall allow any duly authorized State Court Administrative Office representative(s) to access, examine, audit, excerpt, copy, or transcribe any pertinent transaction activity, time cards, or other records relating to this Contract. At the request of a State Court Administrative Office representative, written reports shall be submitted if deemed necessary to ensure timely performance and compliance of the evaluation task. Page 10 of 11 Date SIGNATURE OF PARTIES This Contract will be effective October 1, 2002, only when signed by the State Court Administrator, the Chairperson for the County Board of Commissioners, the Chief Circuit Judge, and the Friend of the Court. Once signed, its provisions will apply to the entire period specified in the Contract. The State Court Administrative Office, the Contractor, the Court, and the Friend of the Court have executed this Contract: Authorized by: Dawn A. Monk Date Deputy State Court Administrator Acceptance by Contractor: Chief Circuit Judge, or Designee Chairperson, County Board of Commissioners or Designee Date Friend of the Court Date Page 11 of 11 FISCAL NOTE (MISC. 1102278) November 21, 2002 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2003 ACCESS AND VISITATION GRANT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Friend of the Court (FOC) submitted a renewal application for the Federal Access and Visitation Grant through the State Court Administrative Office (SCAO). 2. The grant is for services to be performed in conjunction with agencies that facilitate parenting time (visitation) for certain cases as determined by the court. 3. The FOC has been awarded the grant for services not to exceed $50,000 for the period covering October 1, 2002 through September 30, 2003. 4. The FOC will contract with HAVEN to provide the services as stated in the grant award. 5. The County will incur no costs in the acceptance of the grant, as HAVEN will also provide the required 10% In-kind matching funds in the amount of $5,556. 6. The FOC Fiscal Year 2003 Special Revenue budget be amended as follows: Revenue 35-141662-71000-0171 Grants-State Expenditure 35-241662-71000-3348 Professional Services FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Obrecht, Taub and Friedman Appel absent. FY 2003 $50,000 $50,000 0 /1) ; Ii G. William Caddell, County Clerk Resolution #02278 November 21, 2002 Moved by Webster supported by Suarez the resolutions on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Appel, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (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 November 21, 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 21st day of November, 2002.