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HomeMy WebLinkAboutResolutions - 2003.11.20 - 27264MISCELLANEOUS RESOLUTION MISC. #03314 November 20, 2003 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: 52-1 DISTRICT COURT - FY 2004 BYRNE GRANT PROGRAM - FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY - CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health, Office of Drug Control Policy has awarded grant funding to the 52-1 District Court at Novi in the amount of $133,334 with a grant period of October 1, 2003 through September 30, 2004; and WHEREAS the 52-1 District Court Sobriety Court program has received continuation funding 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 the 52-1 District Court Sobriety Drug Court is currently funded by the Byrne Memorial Drug Court Grant, and partly by the State Court Administrative Office (SCAO) grant; and WHEREAS the 52-1 Novi District Court, was awarded $133,334 which includes a 40% match of $53,334 to be funded by SCAO Grant in-kind funds; and WHEREAS the combined grant award is in the amount of $133,334, the 40% match of $53,334 is to be funded by SCAO Grant in-kind funds requiring no General Fund/General Purpose funds; and WHEREAS continuation funding for one (1) Probation Officer I (32205- 09903) position is awarded by this grant; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts Michigan Department of Community Health, Office of Drug Control Policy grant, in the amount of $133,334 which includes $80,000 from the State and $53,334 as local match, which is funded from a pending concurrent FY 2004 grant from the State Court Administrators Office (SCAO). BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement 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 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 SCAO Grant award will be used as matching dollars for the Byrne Memorial Grant, per approval of the State Court Administrator's Office. Public Services Committee Vote: Motion carried unanimously on a roll call vote. BE IT FURTHER RESOLVED one (1) 52-1 District Court Probation Officer I (32205-09903) position be continued. BE IT FURTHER RESOLVED that continuation of the position associated with this grant is contingent upon continuation of State funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. I Public' Services Committee Prentiss Malone, From: Sent: To: Cc: Subject: Greg Givens [givensg@co.oakland.mi.us] Friday, October 24, 2003 9:24 AM Wedell, Harvey; Crane, Patricia; Malone, Prentiss Frederick, Candace; Pardee, Mary CONTRACT REVIEW — 52-1 District Court - Novi CONTRACT REVIEW - 52-1 District Court - Novi GRANT NAME: 2003-2004 Byrne Memorial Grant FUNDING AGENCY: Pat Crane DEPARTMENT CONTACT PERSON: 248/305.6453 STATUS: Acceptance DATE: October 24, 2003 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: I cannot approve this grant until the funding for the local match is supposed to be provided from a separate SCAO grant has been assured. - Laurie Van Pelt (10/7/2003) Department of Management and Budget, Additional Comments: Okay. I can approve moving forward, however, with one condition. As all of you might know after this afternoon's State Revenue Estimation Conference, the State has a huge budget problem. There are $900 million short in their revenues (11.5% of their general fund budget for this year). There will be cuts coming. If the SCAO money does not come through, then we're going to need a plan to downsize this program to live within total funding available. I know that the most recent SCAO grant takes us through to the end of this ca:!endar year. If there is no match for the other 9 months, we need to either cut or find another source of matching funds (other than the general fund since we're expecting some cuts to the County from the State - the amount and which programs might be affected is unknown at this time). - Laurie Van Pelt (10/14/2003) Personnel Department: No comments received. Risk Management and Safety: Approval. - Gerald Mathews (10/8/2003) Corporation Counsel: After reviewing the grant contract, there appear to be no outstanding legal issues that require additional action or resolution. I would point out that the agreement can be terminated by either party on 30 days written notice stating the reasons for termination. Given the current statewide financial crunch and concerns that matching funds may become unavailable, it is important to be aware of this provision, and if SCAO funds are reduced, to act promptly to provide written notice of termination under this section. Also, just a reminder that a number of contractual conditions must be passed through to any subcontractor and that all subcontractors should be engaged using the County's purchasing procedures. if you need assistance with any of these matters, please contact our office. - Karen Agacinski (10/21/2003) —Please note the comments from both Management and Budget and Corporation Counsel. 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 Contract #: 20040743 Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and County of Oakland 52-1 District Court 48150 Grand River Avenue, Novi, MI, 48374 Federal I.D.#. 38-6004876 hereinafter referred to as the "Contractor" for Sobriety Court Part I 1. Period of Agreement: This agreement shall commence on 10/1/2003 and continue through 9/30/2004 . This agreement is in full force and effect for the period specified. 2. Program Budget and Agreement Amount A. Agreement Amount The total amount of this agreement is $ 133,334 . The Department under the terms of this agreement will provide fundin'g not to exceed $80, 000 . The federal funding provided by the Department: is approximately $80, 000 or100.00 °A; the Catalog of Federal Domestic Assistance (CFDA) number is 16.579 and the CFDA Title is Byrne Formula Grant the federal agency name is Dept. of Justice the federal grant award number is 9XDBVX0026 and federal program title is Byrne Formula Grant B. Equipment Purchases and Title Any contractor equipment purchases supported in whole or in part through this agreement must be detailed in the supporting detail schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of title. C. Deviation Allowance A deviation allowance modifying an established budget category by $10,000 or 15%, whichever is greater, is permissible without prior written approval of the Department. Any modification or deviations in excess of this provision, including any adjustment to the total amount of this agreement, must be made in writing and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories, subcontracts, equipment items or positions not shown in the attached Program Budget Summary and supporting detail schedules. 3. Purpose: The focus of the program is to: See Attachment 1 4. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in Attachment 2 which is attached and hereby made a part of this agreement through reference. 5. Financial Requirements: The reimbursement process shall be followed as described in Part II of this agreement and Attachments 3, 5 and 6, which are hereby made a part of this agreement through reference. 6. Performance/Progress Report Requirements: The progress reporting methods, as applicable, shall be followed as described in Attachment 4, hereby made a part of this agreement through reference. 7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in Part II, hereby made part of this agreement through reference. 8. Administration of Agreement: The person acting for the Department in administering this agreement (hereinafter referred to as the Contract Manager) will be: Nancy Bennett Name, Location/Building Manager (517) 373-2952 Title Telephone No. 9. Contractor's Financial Contact for the Agreement: The person acting for the Contractor on the financial reporting for this agreement will be: Tim Soave Manager Name Title Soavet@co.oakland.mi.us E-Mail Address (248) 858-0807 Telephone No. Special Conditions: A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. 10. Special Certification: The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 11. Signature Section: For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Michael Ezzo, Ed.D., Chief Deputy Director For the CONTRACTOR Thomas Law Name Chairperson Title Signature Date Date 1. Salaries and Wages $16,219 $40,547 $24,328 TOTAL DIRECT EXPENDITURES $80,000 $53,334 $133,334 8. 9 $0 0% Indirect Costs: TOTAL EXPENDITURES $80,000 $53,334 $133,334 10. 11. 12. 13. 14. 15 $80,000 $0 $0 $ 0 $53,334 $80,000 $0 $o $0 $53,334 State Agreement Fees and Collections Local Federal Other (s) 16. $133,334 $53,334 $80,000 TOTAL FUNDING PROGRAM BUDGET SUMMARY BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT FY 2003 - 2004 Program: Date Prepared: Page: Of: Sobriety Court 8/26/2003 1 1 Contractor Name: Budget PeliOCI: County of Oakland 52-1 District 10/1/2003 - 9/30/2004 Mailing Address: Budget Agreement: Amendment Number: 48150 Grand River Avenue p Original I I Amendment City: State: Zip Code: Payee Federal ID Number: Novi MI 48374 38-6004876 EXPENDITURE CATEGORY STATE FUNDS LOCAL MATCH TOTAL BUDGET 6. Fringe Benefits Travel Supplies and Materials Contractual (Subcontracts) Equipment Other Expenses $11,126 $12,659 $31,887 $7,417 $8,440 $21,258 $18,543 $21,099 $53,145 SOURCE OF FUNDS STATE FUNDS LOCAL MATCH TOTAL BUDGET Authority: P.A. 368 of 1978 Completion: Is Voluntary, but is required as a condition of funding. DCH-0385(E) (Rev. 6-02) (Excel) Previous Edition Obsolete. Also Replaces FIN-110 The Department of Community Health is an equal opportunity employer, service, and _programs provider. MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET COST DETAIL of 1 Page 1 PROGRAM CODE BUDGET PERIOD DATE PREPARED Drug Court s 72085-2-03-B 10/1/2003 to 9/30/2004 ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER i 1. SALARY AND WAGES POSITIONS 1 TOTAL COMMENTS REQUIRED SALARY 0 $ 0 Probation Officer (continuation of 0 $40,547 position) TOTAL SALARIES AND WAGES $40,547 2. FRINGE BENEFITS (specify) )171 FICA X LIFE INS. X DENTAL INS _ COMPOSITE RATE FX—I uNEMPLOY INS. I X I VISION INS. lx I WORK COMP AMOUNT _on, FX-1 RETIREMENT fl HEARING INS. PEI HOSPITAL INS. Fl OTHER $18 , 543 TOTAL FRINGE BENEFITS $ 3. TRAVEL (specify if any item exceeds 10% of Total Expenditures) $ 0 4. SUPPLIES AND MATERIALS (specify if any item exceeds 10% of Total Expenditures) Provides file folders,daily supplies drug testing cups, ink cartridges 12,659 8,440 $21,099 5 CONTRACTUAL (SUBCONTRACTS) NAME ADDRESS AMOUNT Walled Lake Police Depa 1499 E. West Maple Road Walled Lak $16,887 $11,258 Evaluation Associates a 1060 Hickory Hill Drive Rochester $15,000 $10,000 $ $53,145 6. EQUIPMENT (specify) $ 0 7. OTHER EXPENSES (specify if any item exceeds 10% of Total Expenditures) $ 0 8. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7) $133,334 9. INDIRECT COST CALCULATIONS Rate 0 %- $ 0 $ 0 10. TOTAL EXPENDITURES (sum of lines 8-9) $ $133,334 AUTHORITY: P.A. 368 of 1978 COMPLETION IN A CONDITION OF FUNDING DCH-0386FY2002(E) (W) 6/2001 ATTACHMENT 4 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 03/04 AGREEMENT ADDENDUM A 1. This addendum modifies the following sections of Part II, General Provisions: Part II Responsibilities-Contractor I. Year 2000 Compatibility. This section will be deleted in its entirety and replaced with the following language: The Michigan Department of Community Health and the County of Oakland will work together to determine and avoid potential Year 2000 computer systems problems. Ill. Assurances A. Compliance with Applicable Laws. This first sentence of this paragraph will be stricken in its entirety and replace with the following language: The Contractor will comply with applicable Federal and State laws, and lawfully enacted administrative rules or regulations, in carrying out the terms of this agreement. VIII. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language A. Except as otherwise provided for in this Contract, all liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the Contractor under this Contract shall be the responsibility of the Contractor and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out to the actions or failure to act on the part of the Contractor, its employees, officers or agents. Nothing therein shall be construed as a waiver of any governmental immunity for the Contractor, its agencies, employees, or Oakland County, as provided by statute or modified by court decisions. 2. Special Certification: The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 3. Signature Section: For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Michael Ezzo, Ed.D., Chief Deputy Director For the CONTRACTOR Thomas Law Chairperson Name Title Signature Date Date ATTACHMENT 5 ATTACHMENT C PERFORMANCE / PROGRESS REPORT REQUIREMENTS A. The Contractor shall submit the following reports on the following dates: The instructions for completing the automated quarterly program reports will be provided under separate cover. The instructions for completing the automated monthly financial status reports will be provided under separate cover. B. Any such other information as specified in Attachment A shall be developed and submitted by the Contractor as required by the Contract Manager. C. Reports and information shall be submitted to the Contract Manager at: All progress and financial reports will be submitted electronically through the MAGIC system. D. The Contract Manager shall evaluate the reports submitted as described in Attachment C, Items A. and B. for their completeness and adequacy. E. The Contractor shall permit the Department or its designee to visit and to make an evaluation of the project as determined by Contract Manager. FINANCIAL STATUS REPORT MICHIGAN DEPARTMENT OF COMMUNITY HEALTH ATTACHMENT 6 BP° Number Contract Number Page Of Local Agency Name Program Code Street Address Report Period Date Prepared Thru LI Final City, State, ZIP Code Agreement Period FE ID Number Ittru category • Expenditures Agreement Current Period Agreement YTD Budget Balance 1. Salaries & Wages 2. Fringe Benefits 3. Travel 4. Supplies & Materials 5. Contractual (Sub-Contracts) 6. Equipment 7. Other Expenses 8. TOTAL DIRECT 9. Indirect Costs: Rate °A 10. Other Cost Distributions 11. TOTAL EXPENDITURES SOURCE OF FUNDS: 12. State Agreement 13. Local 14. Federal 15. Other 16. Fees & Collections 17. TOTAL FUNDING CERTIFICATION: I certify that I am authorized to sign on behalf of the local agency and that this is an accurate statement of expenditures and collections for the report period. Appropriate documentation is available and will be maintained for the required period to support costs and receipts reported. Authorized Signature Date Title Contact Person Name FOR STATE USE ONLY Advance INDEX PCA • 081 ,CODE AMOUNT.: Advance Outstanding Advance Issued or Applied Balance Message Authority: PA. 368 of 1978 The Department of Community Health is an equal opportunity, Completion: is a Condition of Reimbursement employer, services, and programs provider, DCH-0384 (Rev. 4/01) (W) Previous Edition Obsolete ATTACHMENT 7 Audit Status Notification Letter (Contractor exempt from the Single Audit or Financial Audit requirement) Date: To: Office of Audit Quality Assurance and Review Section Re: Period/ Fiscal Year: The purpose of this letter is to comply with Michigan Department of Community Health grant contract Audit requirements. I certify that the (Name of Contractor) expended less than $300,000 in federal awards, and received less than $300,000 in total Department funding. Please be advised that our agency's audit did not address any findings related to current or prior years, that negatively impact MDCH-funded programs. Therefore, we are not required to submit either a Single Audit or Financial Audit to the Department. If you have questions, please contact at (Contractor's Representative) (Telephone number). Sincerely, (Contractor Representative/ Title) ATTACHMENT 8 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 03/04 AGREEMENT ADDENDUM A 1. This addendum modifies the following sections of Part II, General Provisions: Part ll Responsibilities-Contractor Year 2000 Compatibility. This section will be deleted in its entirety and replaced with the following language: The Michigan Department of Community Health and the County of Oakland will work together to determine and avoid potential Year 2000 computer systems problems. Ill. Assurances A. Compliance with Applicable Laws. This first sentence of this paragraph will be stricken in its entirety and replace with the following language: The Contractor will comply with applicable Federal and State laws, and lawfully enacted administrative rules or regulations, in carrying out the terms of this agreement. VIII. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language A. Except as otherwise provided for in this Contract, all liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the Contractor under this Contract shall be the responsibility of the Contractor and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out to the actions or failure to act on the part of the Contractor, its employees, officers or agents. Nothing therein shall be construed as a waiver of any governmental immunity for the Contractor, its agencies, employees, or Oakland County, as provided by statute or modified by court decisions. 2. Special Certification: The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 3. Signature Section: For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Michael Ezzo, Ed.D., Chief Deputy Director For the CONTRACTOR Thomas Law Chairperson Name Title Signature Date Date Key Component #1 Key Component #2 ATTACHMENT A STATEMENT OF WORK The Agency agrees to undertake, perform, and complete the additional services as described below. It is understood and agreed that all other conditions of the original agreement remain the same. 1. The Agency is required to submit four Quarterly Program Reports that detail the progress of each drug court program funded. Program Reports are due: January 20, 2004 April 20, 2004 July 20, 2004 October 20, 2004 2. The Contractor agrees to comply with the Key Components of Drug Courts as specified by the U.S. Department of Justice, Drug Courts Program Office and the National Association of Drug Court Professionals. The 10 key components are as follows: Key Component #3 Key Component #4 Key Component #5 Key Component #6 Key Component #7 Key Component #8 Key Component #9 Key Component #10 Drug Courts integrate alcohol and other drug treatment services with justice system case processing. Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights. Eligible participants are identified early and promptly placed in the drug court program. Drug Courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. Abstinence is monitored by frequent alcohol and other drug testing. A coordinated strategy governs drug court responses to participants' compliance. Ongoing judicial interaction with each drug court participant is essential. Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations. Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court effectiveness. • In addition, the Contractor will comply with the following requirements: 1. Drug court programs receiving treatment dollars funded through Byrne must use licensed and accredited substance abuse treatment providers contracted through the Substance Abuse Coordinating Agencies. 2. Drug court participants must be employed, seeking employment or engaged in activities to enable them to be employed. Juvenile drug court participants should be engaged in educational and/or vocational endeavors. 3. A plea by participants is required; no deferred prosecution. 4. Both adult and juvenile drug courts should provide treatment and rehabilitative services based upon a comprehensive assessment of participant needs. Participation in 12-step and other faith-based programs is encouraged. 5. Participants are to be required to make some payment toward drug court costs. Payment may be on a sliding scale, ability to pay basis. II •. • FISCAL NOTE #03314 November 20, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: 52-1 DISTRICT COURT - FY 2004 BYRNE GRANT PROGRAM - FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY - CONTRACT 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 52nd District Court, Division I (Novi) has received a grant from the Michigan Department of Community Health, Office of Drug Control Policy in the amount of $133,334 providing funding for a grant period of October 1, 2003 through September 30, 2004. 2. The contract award is for $133,334 including $80,000 in State funds and $53,334 in Local match. 3. The Local match of $53,334 is met by the 2004 SCAO with no cost to the General Fund. 4. Should the SCAO grant used as match for the Byrne Grant not be awarded, Byrne Grant expenditures must be reduced to the level of the Byrne Grant awarded. 5. The grant award includes the continued funding of one (1) Special Revenue full-time eligible (FTE) Probation Officer I position (#32205-09903). 6. An amendment is recommended to the FY 2004 Budget as follows to accept the continuation of funding from the Byrne Memorial Grant, to the 52-1 District Court Drug Court grant: Special Revenue Fund 279 FY 2004 Revenue 1-32-279-100303-28000-0171 Grants-State $ 80,000 Expenditures 2-32-279-200303-28000-2001 Salaries $ 24,328 2-32-279-200303-28000-2075 Fringe Benefits $ 11,126 2-32-279-200303-28000-2560 Consultant $ 31,887 2-32-279-200303-28000-4156 Lab. Supplies $ 12,659 $ 80,000 0 FINANCE COMMITTEE C/6- ve FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Moffitt and Crawford absent. 41 3 * I • • Resolution #03314 November 20, 2003 Moved by Wilson supported by Hatchett the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE TIE F01030116 RESOLUTION 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 20, 2003 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 20th day of November, 2003. G. William Caddell, County Clerk