HomeMy WebLinkAboutResolutions - 2003.11.20 - 27269MISCELLANEOUS RESOLUTION #03319 November 20, 2003 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: PROSECUTING ATTORNEY, SHERIFF - FISCAL YEAR 2004 BYRNE MEMORIAL GRANT - SHERIFF NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health has awarded the Prosecuting Attorney and Sheriff funding for the Sheriff Narcotics Enforcement Team (NET); and WHEREAS the grant funding is for the period of October 1, 2003 through September 30, 2004, in the amount of $722,872; and WHEREAS the state contribution is $361,436 (50%) and the County grant match $361,436 (50%); and WHEREAS the required County match of $361,436 has been included in the FY 2004 Adopted Budget; and WHEREAS the grant will fund three (3) SR Assistant Prosecutor positions (#41201-6386, #41201-7207, #41201-7959) in the Prosecuting Attorney's office and two (2) SR Sergeant positions (#43920-9829, #43920-9830), one (1) SR Deputy II (position #43920-9831), and one (1) SR Office Assistant II (position #43920-7960) in the Sheriff Department/Technical Services division; and WHEREAS this grant award has been processed through the County Executive's Contract Review Process and the Board of Commissioners Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts this grant award, for the period October 1, 2003 through September 30, 2004, in the amount of $722,872 for the Sheriff NET grant which includes $361,436 State allocation and $361,436 in County grant match. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, with fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED that continuation of this program, including positions, is contingent upon continued grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE / / • 7 ' Public Services Committee Vote: Motion carried unanimously on a roll call vote. Contract #: 20041127 Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and County of Oakland Sheriff's Department 1200 N. Telegraph Road, Pontiac, MI, 48341 Federal I.D.#.38-6004876 hereinafter referred to as the "Contractor" for Oakland County Narcotic Enforcement Team Part I 1. Period of Agreement: This agreement shall commence on 10/1/2003 and continue through 0/30/2004 . This agreement is in full force and Pffpr.f fnr thp nprinri 2. Program Budget and Agreement Amount A. Agreement Amount The total amount of this agreement is $ 722,872 . The Department under the terms of this agreement will provide funding not to exceed $361,436 . The federal funding provided by the Department: is approximately 't 4,361,436 Or100.00 %; 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 9XDISVX0026 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. and 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 l! 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 Il, 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 2ennett Name, Location/Building Manager (517) 373-2952 Title Telephone No. g, Contractors Financial Contact for the Arp-ppnip.nt: 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 Gaia Piir From: Joe Matkosky [matkoskyj@co.oakland.mi.us ] Sent: Monday, October 27, 2003 12:28 PM To: Piir, Gaia Subject: FW: CONTRACT REVIEW - Sheriffs Department Importance: High Original Message From: Greg Givens [mailto:givensq@co.oakland.mi.us] Sent: Saturday, October 25, 2003 1:28 PM To: Wedell, Harvey; Eader, Doug; Matkosky, Joe Cc: Cunningham, Dale; Frederick, Candace; Pardee, Mary Subject: CONTRACT REVIEW - Sheriff's Department CONTRACT REVIEW - Sheriff's Department GRANT NAME: 2003-2004 Byrne Memorial Grant - Narcotics Enforcement Team (NET) FUNDING AGENCY: Michigan Office of Drug Control Policy ((Contract #20041127) DEPARTMENT CONTACT PERSON: Capt. Eader / 59759 STATUS: Acceptance DATE: October 25, 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: Approved.- Laurie Van Pelt (10/24/2003) Personnel Department: No comments received. Risk Management and Safety: No comments received. Corporation Counsel: After reviewing this grant contract, there appear to be no outstanding legal issues that require additional action or resolution. - Karen Agacinski (10/24/2003) 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 Part ll General Provisions I. Responsibilities — Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Rights 1. Where activities supported by this agreement produce books, films, or other such copyrightable materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the Department reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or modifications bearing acknowledgment of the Department's name must be approved by the Department prior to reproduction and use of such materials. Any publication (written, visual, or sound, including press releases, newsletters, and issue analyses) issued by the Contractor, or by a Subcontractor describing programs or projects funded in whole or in part with Federal funds, shall contain the following statement: "This project was supported by grant project # , awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice and administered in Michigan by the Michigan Department of Community Health/Office of Drug Control Policy. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 3. The Contractor shall give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein; the Department will do likewise. B. Fees Make reasonable efforts to collect 1st and 3rd party fees, where applicable, and report these as outlined by the Department's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by the Department at the effective date of this agreement, and provide the Department with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. E. Record Maintenance! Retention Maintain adequate program and fiscal records and files, including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. Assure that all terms of the agreement will be appropriately adhered to and that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than three (3) years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved. F. Authorized Access Permit upon reasonable notification and at reasonable times, access by authorized representatives of the Department, Federal Grantor Agency, Comptroller General of th United c-tntr=s and State Auditor General, or any of their duly authorized representatives, to records, files and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. G. Single Audit Provide, consistent with regulations set forth in the Single Audit Act Amendments of 1996, 31 USC 7501 et seq, and Section .320 of Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," a copy of the annual Single Audit reporting package of the Contractor to the Department. The federal OMB Circular A-133 requires either a Single Audit or program-specific audit (when administering one federal program) of agencies that expend $300,000 or more of federal grant funding during the Contractor's fiscal year. The Single Audit reporting package and management letter must be filed with the Department even if expenditures of federal funding from the Department are less than $300,000. Contractors that fall below the Single Audit threshold are exempt from the Single Audit requirements. Contractors exempt from the Single Audit requirements that receive $300,000 or more of total (State and Federal) Department grant funding must submit a copy of the Financial Audit prp,p.sip=q1 in accordance with generally accepted auditing standards (GAAS). Contractors exempt from the Single Audit requirements that receive less than $300,000 of total Department grant funding must submit a copy of the Financial Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact MDCH-funded programs, including, but not limited to, fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. When a Contractor is exempt from both the Single Audit requirements and the Financial Audit requirements, the Contractor must submit the audit status notification letter. Attachment 6 contains the audit status notification letter. The Single Audit reporting package and management letter, Financial Audit, or audit status notification letter is due within nine months after the end of the Contractor's fiscal year. The Single Audit reporting package and management letter, or the Financial Audit must be filed with the Department even if there are no findings reported in the audit pertaining to Department programs. The Department or federal agencies, may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. The Contractor's records must also be available for review or audit by appropriate officials of the Department or federal agencies (Le., federal awarding agency or General Accounting Office.) The Contractor must also assure that each of its subcontractors comply with the above Single Audit requirements, as applicable, and provide for other subrecipient monitoring procedures, as deemed necessary. A copy of the Single Audit reporting package, Financial Audit, or the audit status notification letter must be forwarded to: Michigan Department of Community Health Office of Audit Quality Assurance and Review Section P.O. Box 30479 (Capital Commons Center, 400 S. Pine Street)* Lansing, MI 48909-7979 H. Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source which would require or result in significant modification in the provision of services, funding or compliance with operational procedures. Year 2000 Compatibility The Contractor must ensure year 2000 compatibility for any software purchases related to this agreement. This shall include, but is not limited to: data structures (databases, data files, etc.) that provide 4-digit date century; stored Hata that contain date century recognition, including but not limited to: data stored in databases and hardware device internal system dates; calculations and program logic (e.g., sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values) that accommodates same century and multi- century formulas and date values; interfaces that supply data to and receive data from other systems or organizations that prevent noncompliant dates and data from entering any State system; user interfaces (i.e., screens, reports, etc.) that accurately show 4-digit years; and assurance that the year 2000 shall be correctly treated as a leap year within all calculation and calendar logic. J. Human Subjects The Contractor agrees to submit all research involving human subjects, which is conducted in programs sponsored by the Department, or in programs which receive funding from or through the State of Michigan, to the Department's Human Subjects Committee for approval prior to the initiation of the research. Responsibilities — Department The Department in accordance with the general purposes and objectives of this agreement will: A. Reimbursement Provide reimbursement in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Contractor. B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and provide to the Contractor any new report forms and reporting formats prupued for issuance thereafter at least ninety (90) days prior to their required usage in order to afford the Contractor an opportunity to review and offer comment. IlL Assurances The following assurances are hereby given to the Department: A. Compliance with Applicable Laws The Contractor will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this agreement. The Contractor will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. B. Anti-Lobbying Act The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of the Departments of Labor, Health and Human Services and Education, and Related Agencies Appropriations Act (Public Law 104- 203). Further, the Contractor shall require that the language of this assurance be ineluded in the award documents of all czia--,pwrris at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Contractor agrees not to discriminate against any employee or applicant for employment or service delivery and access, with respect to their hire, tenure, terms, conditions or privileges of employment, programs and services provided or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual's ability to perform the duties of the particular job or position or to receive services. The Contractor further agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrom will contain a provision requiring non-discrimination in employment, service delivery and access, as herein specified binding upon each subcontractor. This covenant is required pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and any breach thereof may be regarded as a material breach of the contract or purchase order. 9. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned and women owned businesses, and businesses owned by handicapped persons in contract solicitations. The Contractor shall incorporate language in all contracts awarded: (1) prohibiting discrimination against minority owned and women owned businesses and businesses owned by handicapped persons in subcontracting; and (2) making discrimination a material breach Of contract. D. Debarment and Suspension Assurance is hereby given to the Department that the Contractor will comply with Federal Regulation, 45 CFR Part 76 and certifies to the best of its knowledge and belief that it, including its employees and subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtainino, attempting to obtain, or performing a public (federal ; state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and; 4. Have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. E. Federal Requirement: Pro-Children Act 1. Assurance is hereby given to the Department that the Contractor will comply with Public Law 103-227, also known as the Pro- Children Act of 1994, 20 USC 6081 et seq, which requires that smoking not be permitted in any portion of any indoor facility owned . or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan or loan guarantee. The law also applies to children's services that are provided in indoor faciiities that are constructed, operated, or maintained with such federal funds: The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The Contractor also assures that this language will be included in any subawards which contain provisions for children's services. 2. The Contractor also assures, in addition to compliance with Public Law 103-227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Contractor: If activities or services are delivered in facilities or areas that are not under the control of the Contractor (e.g., a mall, restaurant or private work site), the activities or services shall be smoke-free. F. Hatch Political Activity Act and Intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1508, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act, Public Law 95-454, 42 USC 4728. Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. G. Home Health Services If the Contractor provides Home Health Services (as defined in Medicare Part B), the following requirements apply: 1. The Contractor shall not use categorical grant funds provided under this agreement to unfairly compete for home health services available from private providers of the same type of services in the Contractor's service area. For purposes of this agreement, the term "unfair competition" shall be defined as offering of home health services at fees substantially less than those generally charged by private providers of the same type of services in the Contractor's area, except as allowed under Medicare customary charge regulations involving sliding fee scale discounts for low-income clients based upon their ability to pay. 3. If the Department finds that the Contractor is not in compliance with its assurance not to use state local public health operations and categorical grant funds to unfairly compete, the Department shall follow the procedure required for failure by local health departments to adequately provide required services set forth in Sections 2497 and 2498 of 1978, PA 368, as amended (Public Health Code), MCL 333.2497 and 2498, MSA 14.15 (2497) and (2498). H. Subcontracts Assure for any subcontracted service, activity or product: 1. That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions to this policy may be granted by the Department upon written request within 30 days of execution of the agreement. 2. That any executed subcontract to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non-conflicting provisions not set forth in this agreement; b. Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. 3. That the subcontract does not affect the Contractor's accountability to the Department for the subcontracted activity. 4. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. 5. That the Contractor will submit a copy of the executed subcontract if requested by the Department. Procurement Assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accordance with the principles and requirements of OMB Circular A-102 (as revised), implemented through applicable portions of the associated "Common Rule" as promulgated by responsible federal contractor(s), or OMB Circular A-110, as applicable, and that records sufficient to document the significant history of all purchases are maintained fdr a minimum of three years after the end of the agreement period. J. Health insurance Portability and Accountability Act To the extent that this act is pertinent to the services that the Contractor provides to the Department under this agreement, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following: 1. The Contractor must not share any protected health data and information provided by the Department that falls within HIPAA requirements except to a subcontractor as appropriate under this agreement. 2. The Contractor must require the subcontractor not to share any protected health data and information from the Department that falls under HIPAA requirements in the terms and conditions of the subcontract. 3. The Contractor must only use the protected health data and information for the purposes of this agreement. 4. The Contractor must have written policies and procedures addressing the use of protected health data and information that falls under the HIPAA requirements. The policies and procedures must meet all applicable federal and state requirements including the HIPAA regulations. These policies and procedures must include restricting access to the protected health data and information by the Contractor's employees. 5. The Contractor must have a policy and procedure to report to the Department unauthorized use or disclosure of protected health data and information that falls under the HIPAA requirements of which the Contractor becomes aware. 6. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Part H, Section V. Termination. 7. In accordance with H1PAA requirements, the Contractor is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information received by the contractor from the Department or any other source. Supplanting The Contractor will comply with Federal requirements concerning supplanting. Funds must be used to supplement existing funds for program activities and not replace those funds which have been appropriated for the same purpose; Potential supplanting will be the subject of application review, as well as pre-award review, post-award monitoring, and audit. Supplanting means to deliberately reduce state or local funds because of the existence of federal funds. (e.g., when state funds are appropriated for a stated purpose and federal funds are awarded for that same purpose, the state replaces its state funds with federal funds, thereby reducing the total amount available for the stated purpose.) IV. Financial Requirements A. Reimbursement Method The Contractor will be reimbursed in accordance with the staffing grant reimbursement mechanism as follows: Reimbursement from the Department based on the understanding that Department funds will be paid up to the total Department allocation as agreed to in the approved budget. Department funds are first source after the application of fees and earmarked sources unless a specific local match condition exists. B. Financial Status Report Submission Financial Status Reports (FSRs) shall be prepared and submitted to the Michigan Department of Community Health, Budget and Finance/Administration, Accounting Division, Expenditure Operations Section, P.O. Box 30720, Lansing, Michigan 48909, on a monthly basis, no later than thirty (30) days after the close of each calendar month. The K. monthly FSRs must reflect total actual program expenditures, regardless of the source of funds. Attachment D contains the FSR form. The FSR form and instructions for completing the FSR form are available through your Contract Manager or the Department's web site: • http://vvww.michigan.gov/documents/DCH-0384- Financial Status_Report_8214_7.pdf and • http://www.michigan.gov/d ocuments/DC H-0384- Financial_Status_Report_l nstructions_8216_7.pdf. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. C. Reimbursement Mechanism All contractors are encouraged to sign up through the on-line vendor registration process to receive all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits. Final Obligations and Financial Status Report Requirements A report of estimated total agreement expenditures must be submitted based on annual guidelines and deadlines issued by the Department. Final FSRs are rine sixty (AO) days following the pnri of the fiscal year or agreement period. The final FSR must be clearly marked "Final." Final FSRs not received by the due date may result in a loss of funding requested per the report of estimated total agreement expenditures and may result in the potential reduction in the subsequent year's agreement amount. F. Unobligated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. V. Agreement Termination The Department may cancel this agreement without further liability or penalty to the Department for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. C. This agreement may be terminated immediately if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section 111.D. of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial, performance and other reports required as a condition of this agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII. Severability If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. VIII. Amendments Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. 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 in the performance of this agreement 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 of, the actions or failure to act on the part of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. Al! liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the Department) or employees as provided by statute or court decisions. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the State, its agencies (the Department) or their employees, respectively,as provided by statute or court decisions. X. Conflict of Interest The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended, MCL 15.341 et seq, MSA 4.1700 (71) et seq. Xl. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. XII. Confidentiality Both the Department and the Contractor shall assure that medical services to and information contained in medical records of persons served under this agreement, or other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise required by • applicable law or regulation. Such information may be disclosed in summary, statistical, or other form which does not directly or indirectly identify particular individuals. ATTACHMENT 1 70653-9-03-B The Oakland County Narcotic Enforcement Team was created to encourage cooperation between law enforcement agencies within southeast Michigan and other federal agencies in an effort to apprehend and convict those involved in the use, sale and distribution of illegal drugs and narcotics. ATTACHMENT 2 STATEMENT OF WORK 70653-9-03-B The Oakland County Narcotic Enforcement Team (NET) is a multijurisdictional task force which is designed to integrate federal and local law enforcement agencies for the purpose of identifying, investigating, and prosecuting drug traffickers and to dismantle their organizations. In 1971, participating law enforcement agencies in Oakland County agreed to organize and support, on an inter-agency level, a task force known as the Oakland County Narcotic Enforcement Team. NET, currently under direction from the Oakland County Sheriff's Department, has officers from the FBI, Macomb County Sheriff's Department, and ten local police departments. This strong cooperation from county, local, and federal departments and agencies is why NET is very effective in combating the drug problem in our area. NET will continue with the type of investigations and workload that have always been an integral part to NET's success. For example, NET will have continued involvement with all local police departments and he responsive to their direct needs. This will enable NET to have stronger local ties and provide for better sharing of intelligence information. NET will continue with the operation of f-JtLe.et level crews for undercover drug buys and investigations of street level dealers. NET now has a conspiracy team where investigations can be turned over for development of arrests of conspiracy and RICO cases. NET will continue with the operation of an interdiction team and will work closely with the FBI in identifying interstate and international couriers. NET is requesting the continuance of the three additional Oakland County Sheriff's Department officers. Two of these new positions are for Sergeants, one is the crew leader of the conspiracy team, and the other is a crew leader of one of the street teams. The third position is a deputy on one of the street teams. These positions are crucial to the continued success of NET. The sergeants are needed because they are staffed with individuals who have many years of narcotics and investigative training. It would be impossible to replace individuals with this type of expertise. The other position NET is requesting is the Office Assistant position. This person is needed for typing and general office skills. When the Michigan State Police left NET, there was a shortage of officers which NET has been able to replace by actively pursuing other departments to join NET and by the positions provided by this grant_ This continuation of what NET does best, plus the ongoing evolution of the interdiction team and conspiracy team should result in arrest and prosecution of higher level dealers and investigations of individuals who bring drugs into Oakland County from out-of-state locations_ The Oakland County Sheriff's Department will provide the Unit Commander, officers, and administrative positions. OCSD will also provide investigative buy funds, phones, pagers, vests, vehicles, and all other equipment and supplies needed_ The local departments will provide their officer's salaries, fringe benefits, and related overtime costs. NET will further develop a true partnership between the Oakland County Sheriff's Department, all local police departments, and federal agencies such as FBI, DEA, and ATF. The Oakland County Sheriff's Department will take the lead role in the NET Unit, but will follow the direction of the NET Advisory Board which consists of all departments and agencies that provide a full-time officer to NET. NET plans to utilize all resources available, by working closely with the specialized units of the local police departments such as their undercover teams, vice units, and detective bureaus. NET will develop cases and informants with these units to ensure great success. NET will continue to work ATTACHMENT 2 STATEMENT OF WORK closely with the Oakland County Prosecutor's Office so that cases are developed and prosecuted to the fullest extent of the law. NET will also utilize more of the resources of the entire Oakland County Sheriff's Department and work with the officers at the various sub-stations to better understand localized drug problems. NET's involvement and cooperation with the federal agencies, such as the FBI, DEA, ATE, and HIDTA, will increase under the OCSD leadership. It is NET's plan to utilize all of these resources to the fullest. At the present time the NET commitment is as follows: Oakland County Sheriff's Department 1 Lieutenant - Unit Commander 4 Sergeants -team leaders 6 Deputies - team members 1 auditor 1 secretary 1 property room attendant f-)ffir Asc -Irt The Oakland County Sheriff's department also provides the NET building, utilities, office equipment, supplies, phones, pagers, computers, cell phones, officer equipment, undercover vehicles, 1 raid van, buy money, investigative expenses, and informant fees. Additional full-time team members supplied by: Bloomfield Police Department Farmington Hills Police Department Ferndale Police Department Hazel Park Police Department Lathrup Village Police Department Madison Heights Police Department Pontiac Police Department (2) Royal Oak Police Department Southfield Police Department (2) West Bloomfield Police Department (2) FBI Macomb County Sheriff's Department NET is continuing to explore the possibility of other departments joining NET. The Byrne grant positions are needed to keep NET at current level. Any decrease in staffing at this time would be detrimental to the effectiveness of NET and would decrease officer safety. The Narcotics Section of the Oakland County Prosecutor's Office is a specialized section developed to assist in not only the prosecution, but also the investigation, of repeat ATTACHMENT 2 STATEMENT OF WORK and large-scale drug offenders. The members of the Narcotics Section of the Prosecutor's Office are on call 24 hours a day, 7 days a week, to assist law enforcement agencies (including NET) in search warrant preparation and other search and seizure issues that develop during the course of investigations. Additionally, the prosecutors assigned to the section conduct training seminars for various agencies on proper preparation of search warrants, preparation for court, and changes in the law that affect investigation procedures and evidence collection. Special prosecutors also will be utilized to handle cases that present complex legal issues such as entrapment, conspiracy law, and the privilege of informant confidentiality. Vertical unit prosecutors are well versed in areas of law unique to the challenges brought forth in dismantling large-scale drug operations. The multijurisdictional task force will continue to integrate this specialized prosecution unit with federal, state, and local law enforcement agencies through NET and the Oakland County Citizens Grand Jury. Continuation of this special prosecution section depends upon the Byrne Grant award and county matched funds. The assignment of one special assistant prosecuting attorney to the Oakland County Citizens Grand Jury, when impaneled, will impact narcotics trafficking organizations by assisting the Grand Jury in dismantling drug delivery networks and indicting those persons responsible for the distribution of large quantities of narcotics. Aggressive prosecution and a continued no-plea-bargaining policy will create a ,-e,IPPtiPP in the rate of crime growth. The no-plea-bargaining policy of the Oakland County Prosecutor's Office Narcotics Section facilitates police agencies in their ability to apprehend traffickers higher up in the chain of distribution. Defendants faced with the grim reality of substantial prison time are often willing to inform law enforcement of the identity of their suppliers in order to receive consideration for cooperation at sentencing. Methamphetamine labs are being located in Oakland County with increasing frequency. The vertical prosecution unit is educating themselves on these extremely dangerous drugs and the manner in which they are being manufactured and transported. Specialized knowledge of these operations is essential to effectively prosecute and deter further infiltration of labs into our county. The prosecution aspect of this multijurisdictional drug task force will continue to augment the funding for a special unit of four assistant drug prosecutors, one of whom will continue to be assigned to the Oakland County Citizens Grand Jury, when impaneled, in the investigation and prosecution of major drug traffickers. Special assistant prosecutors will be assigned to vertically prosecute serious drug offenders by utilizing a drug offender classification system. The assessment of each offender allows the prosecution unit to target repeat offenders, mid- and upper-level traffickers, as well as give special attention to the more complex conspiracy and racketeering cases. Existing no-plea-bargaining policies will continue to be enforced, and the special prosecution unit will vertically prosecute all cases in which Level I, II, and III dealers are identified. The pagers and cellular phones allow prosecutors to be available at all times to communicate with law enforcement agencies whose hours of operation frequently differ from that of an assistant prosecutor. The laptop computers will aid each prosecutor in the retrieval of valuable information in the field, and enhance the presentation of evidence from each case in court through the use of litigation support software. ATTACHMENT 2 STATEMENT OF WORK As law enforcement agencies (such as NET)' become more and more effective in infiltrating drug organizations the number of cases requiring the specialized attention of the vertical prosecution unit increases. The effectiveness of NET and other agencies is reflected in the increase in the number of cases handled by the prosecution unit over the past year. Four assistant prosecutors are necessary to handle the volume of incoming cases. EXPENDITURE CATEGORY Salaries and Wages IFringe Benefits STATE FUNDS LOCAL MATCH $234,290 $109,0711 $109,071 TOTAL BUDGET $468,580 $218,142 1. $234,290 Equipment Other Expenses $853 $853 $1,706 6. TOTAL DIRECT EXPENDITURES $361,436 $361,436 $722,872 8. $0 $0 9 $0 0 % Indirect Costs: 10 $361,4361 $361,436 $722,872 TOTAL EXPENDITURES 1 I . 1 -) 13 14 PROGRAM BUDGET SUMMARY BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT FY 2003 - 2004 .Throgram: bate Prepared: Page: Of: Oakland County Narcotic Enforcement Team 8/29/2003 1 1 Contractor 1Name: Budget Period County of Oakland Sheriff's 10/1/2003 - 9/30/2004 Mailing Address: Budget &gement: Amendment Number: 1200 N. Telegraph Road Original 1 Amendment City Suite: I Zip Code: Payee Federal ID Number: Pontiac MI 48341 38-6004876 Travel Supplies and Materials Contractual (Subcontracts) $17,222 $1 7. 222 $34,444 SOURCE OF FUNDS STATE FUNDS LOCAL MATCH 1 TOTAL BUDGET State Agreement Fees and Collections Local Federal Other (s) $361,436 $0 $361,436 $0 $01 $361,436 16 TOTAL FUNDING $361,436 $361,436 $722,872 'Authority: P.A. 368 of 1978 Completion: Is Voluntary, but is required as a condition of funding. The Department of Community Health is an equal opportunity employer, service, and programs provider. DOI-0385(E) (Rev. 6-02) (Excel) Previous Edition Obsolete. Also Replaces FIN-110 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET COST DETAIL of 1 Page 1 PROGRAM CODE BUDGET PERIOD DATE PREPARED Multijurisdictional Task 70653-9-03-B Forces 10/1/2003 W9/30/2004 ORIGINAL BUDGET 1 AMENDED BUDGET AMENDMENT NUMBER 1. SALARY AND WAGES POSITIONS TOTAL REQUIRED SALARY COMMENTS Deputy 1 $57,298 Sergeant $136,682 Office Assistant II $31,594' Asst Prosecuting Attorney IV '' $185,732 Asst Prosecuting Attorney II $57,274 l i TOTAL SALARIES AND WAGES $468,580 2. FRINGE BENEFITS (specify) FICA IX I LIFE INS. F: I DENTAL INS COMPOSITE RATE El r"sn 1---- L I UNEMPLOY INS. iLti 'VISION INS. L-,, j Vv'ORK COlviP AMOUNT % H RETIREMENT n HEARING INS. 1 [3-1 HOSPITAL INS. I I OTHER $ $218,14? 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 UET Leased Vehicles 17,222 17,222 _ $ $34,444 5. CONTRACTUAL (SUBCONTRACTS) NAME ADDRESS AMOUNT $ $0 6. EQUIPMENT (specify) $ $n _ 7. OTHER EXPENSES (specify if any item exceeds 10% of Total Expenditures) !Cell. Phones(Prosecutors) $853 $853 $ $1, 706 8. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7) I $ 7722,872 i 9. INDIRECT COST CALCULATIONS Rate 0% $0 $0 $ $0 10. TO1AL EXPENDITURES (sum of lines 8-9) $722,872 DCH-0386FY2002(E) (W) 6/2001 COMPLETION IN A CONDITION OF FUNDING AUTHORITY: P.A. 368 of 1978 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 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. III. Assurances r(Nrnblinr-e 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. A nxr AttAphnipilf vzhnll h r vnrnr re1 siihmittAd 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 MAr 2 in 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 COMMUNIT ATTACHMENT 6 BPO Number Contract Number Page Of Local Agency Name Program Code Street Address Report Period Date Prepared Thru fl Final City, State, ZIP Code Agreement Period FE ID Number Thrti - Category Expenditures... AgreAgreement.' 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 _ . R. TOTAI r1IRFCT . 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 arid will be maintained for the required period to support costs and receipts reported. Authorized Signature Date Title 'Contact Person Name t FOR STATE USE ONLY Advance . .: purtpy • o . . OF.,4J CODE I ' • • ...AP.IOUNT_ — ----_— 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 r`vlichigan DeFirtmcnt 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 II 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 r-nmplinr-, 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. it • 44 0 • 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. Sic:mature Section: For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Michael Ezzo, Ed.D., Chief Deputy DirecLor CONTRACTOR rn-rt-sr-s :OS LIIV r`.3 LIP: Thomas Law Chairperson Name Title Signature Date Date FY 2004 ($361,436) $182,500 178,936 0 11 4 FISCAL NOTE #03319 November 20, 3003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: PROSECUTING ATTORNEY, SHERIFF - FY 2004 BYRNE MEMORIAL GRANT - SHERIFF NARCOTICS ENFORCEMENT TEAM (NET) GRANT 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 Prosecuting Attorney and Sheriff are requesting the acceptance of the FY 2004 Byrne Memorial Grant for the Sheriff Narcotics Enforcement Team (NET). 2. The grant award of $722,872 is for the period of October 1, 2003 through September 30, 2004. 3. The State contribution is $361,436 (50%) and the County grant match is $361,436 (50%), which is included in the FY 2004 Adopted Budget Non-departmental grant match line item. 4. In addition to the County match requirements, the County is expected to incur $49,669 in administrative and support costs, which have been included in the FY 2004 budget. This grant does not allow for recovery of those costs. 5. Acceptance of this grant does not obligate the County to future commitments and continuation as stated is contingent upon future grant funding. 6. An amendment is recommended to the Prosecuting Attorney and Sheriff Departments' grant budgets as shown on Attachment A. 7. A budget amendment is recommended to transfer the grant match funds to the Prosecuting Attorney and Sheriff grant match line items as follows: General Fund Expenditures 90-2 9000 0-2500 0-2 872 41-211000-41900-2872 43-023901-44600-2872 Non-Dept. - Grant Match Prosecutor - Grant Match Sheriff - Grant Match FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on Crawford absent. with Moffitt and a roll call vote Resolution #03319 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). ,111=0 I HERM APPROVE THE FOREGOING 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.