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HomeMy WebLinkAboutResolutions - 2004.11.18 - 27635November 18, 2004 REPORT (ffSc. #04343) BY: PERSONNEL COMMITTEE, GREGORY JAMIAN, CHAIRPERSON RE: 52ND DISTRICT COURT, DIVISION II — 2005 MICHIGAN DRUG COURT PROGRAM INITIAL GRANT CONTRACT — ACCEPTANCE TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced Resolution on November 10, 2004 Reports with the recommendation the Resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on unanimous roll call vote with Hatchett and Coleman absent MISCELLANEOUS RESOLUTION 104343 November 18, 2004 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: 52nd DISTRICT COURT, DIVISION II - 2005 MICHIGAN DRUG COURT PROGRAM INITIAL GRANT CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52'd District Court, Division II (Clarkston) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2004 through September 30, 2005; and WHEREAS the application requested total funding in the amount of $85,482 of which $62,874 in grant funding, and $22,608 of required general fund matching dollars; and WHEREAS the award from SCAO was reduced to $52,000 and the required matching funds are $23,482 for total program funding of $75,482; and WHEREAS adjustments were made to the program budget to operate within the funding received; and WHEREAS this is the first year of grant funding, and the start-up of 52-2 Clarkston Drug Court program, and is a stand alone grant with no Byrne matching funds; and WHEREAS this drug court is being instituted 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 initial funding will provide for the creation of one (1) special revenue full-time eligible Probation Officer II position in the Probation Unit to provide intensive probation supervision and frequent alcohol testing of defendants; and WHEREAS other program cost include program evaluation, travel and conference, and testing supplies; and WHEREAS the cash match funding of $23,482 for this program is required by SCAO, and is available in the general fund, alternative sources to fund this requirement are being initiated; and WHEREAS Miscellaneous Resolution 490004 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 the State Court Administrative Office (SCAO), Michigan Drug Court Program Grant, in the amount of $52,000, with a County Match requirement of $23,482. 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 one (1) special revenue full-time eligible Probation Officer II position be created in the 52-2 District Court Probation Unit, and funds related program cost including program evaluation, travel, and testing supplies. 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 Public Services Committee Vote: Motion carried unanimously on a roll call vote. 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 no positions may be filled nor expenditures authorized until a grant agreement is fully executed with the County's obligation limited to the grant funding period. 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. PUBLIC SERVES „O„.91ITTEE —as Prentiss Malone, Jr. From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Monday, November 01, 2004 4:22 PM To: Doyle, Larry; Rupe, Sharon Cc: Malone, Prentiss; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary; Hanger, Helen Subject: CONTRACT REVIEW — 52/2 District Court CONTRACT REVIEW - 52/2 District Court GRANT NAME: Michigan Drug Court Grant Program 2005 / Sobriety Court FUNDING AGENCY: Michigan State Court Administrative Office (SCAO) DEPARTMENT CONTACT PERSON: Sharon Rupe / 248/625-4999 STATUS: Acceptance DATE: November 1, 2004 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. Please note the comments from 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. Department of Management and Budget: Approved.- Laurie Van Pelt (10/29/2004) Department of Human Resources: Approved. - Ed Poisson (10/29/2004) Risk Management and Safety: Approved by Risk Management. - Julie Secontine (10/27/2004) Corporation Counsel: After reviewing this grant contract, there appear to be no outstanding legal issues that require additional action or resolution. However, I would like to mention that the contract requires that the Grantee adhere to the County's procurement policies and procedures if any subcontractor services are required. SCAO must also approve all subcontracts before they are executed. Finally, the contract allows for immediate termination if SCAO loses funding. It is silent on whether SCAO will pay for expenditures made by the County before it receives notice of termination. Since each of these provisions has practical implications, they are worth noting. - Karen Agacinski (11/1/2004) 1 Si ,eCT t • n .A. Monk my State Court Administrator Feb-06-01 01:16P mackenzie Pia-OS-41 l24 FrxSCAC CENTRAL 248 -306 -9747 5173732112 T-:420 P.3/2 Job-Ill • MichiganSupremeCourt State Court Admiallatrative _Office P.a. Box Lanoipg, Michi 4800 Jahn • 0 . " ?War OM 130 D.XtuT,Jr..53:Me Adentobtauar . 'February 2001 • Honorable Brian MacKenzie 52" District Court 42110 Grand Rive :Ave. . Novi. MI 43374-1222 . Dear Judge MariCenziat Pursuant to our conversation this ,. ;,,, ‘ • regarding the Michigan Drug Court Grant Program, I am providing infermation concerning - mance #4 in Ilia application materials. The asSUranCea included in the Michigan Drug Court Grant application materials are the thince same as the assurances required to apply for and pt federal program tunding for drug court programs. Assurance 04 calls for the applicant provide assurance of a program's hgeig to continue funding whether that be from local, o state, or federal sources of funding. The Michigan Drug Court Grant Program is a 5tIliC prugrarn funded with limited general iiropriata fund dollars. • The funding is intended * assist in deve3Oping and implementing new programs and provide limited support to continuing pro - It is however, the program's responsibility to eventually seek additional satzcee of ".This should not be construed as &mandate for future funding of a program from the finding unit. - • . If you have any Anther questions, please ontact me. • • Miall&111 Michigan Supreme Court State Court Administrative Office Michigan Hall of Justice P.O. Box 30048 Lansing, MI 48909 Phone: (517)373-0130 John D. Ferry, Jr., State Court Administrator September 13, 2004 Honorable William E. BoIle Chief Judge 52-2 District Court 520 W. Big Beaver Road Troy, MI 48084 Re: Michigan Drug Court Grant Program Award Notification — D52-2 2005 Grant Award Amount: $52,000 2005 Grant Period: October 1, 2004 — September 30, 2005 Dear Judge BoIle: As you are aware, the State Court Administrative Office (SCAO) administers the Michigan Drug Court Grant Program, which provides limited funding for planning, implementation or continued operation of local drug court programs in Michigan. We are pleased to inform you that your court has been awarded a grant in the amount of $52,000 from the Michigan Drug Court Grant Program beginning October 1, 2004. A copy of the Michigan Drug Court Grant Program contract will be sent to the project contact that your court has identified on your grant application. Budget documents and budget detail forms will also be included with the contract to be resubmitted to SCAO and must reflect the MDCGP award amount. If you have any questions regarding this award or our program, please contact Dr. Phyllis Zold- Kilboum at (517) 373-5596. Sincerely, zy4j Dawn A. Monk Deputy State Court Administrator cc: John D. Ferry, Jr. Phyllis Zold-Kilboum Deborah Green, Regional Administrator Honorable Dana Fortinberry Sharon Rupe, Project Director Carol Pummill, Project Contact MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2005 GRANT CONTRACT 52-2 District Court-Clarkston Grantee 38-6004876 Federal ID Number SCAO-2005-033 SCAO Grant Number $52,000 Grant Amount Public Act 339, effective October 1, 2004, provides funding for the Michigan Drug Court Grant Program for FY 2005. This program is administered by the State Court Administrative Office. The purpose of the Michigan Drug Court Grant Program is to provide funding assistance to trial courts to help with planning new drug courts, implementing both new and existing drug courts, and continuing funding for drug court programs no longer eligible to receive federal funding. Funds from the Michigan Drug Court Grant Program are awarded to grantees conditioned upon the grantee's agreement to comply with the policies and procedures set forth in the application guidelines and administrative requirements for the program and this grant contract. Michigan Drug Court Grant Program-2005 Page 2 1. Contract This contract incorporates grantee's approved grant request and final approved budget. 2. Contract Administration The State Court Administrator or his/her agent shall have full authority to act for the Grantor in the Administration of this contract consistent with the following provisions. . 3. Term of Contract This contract shall be effective upon the signature of the State Court Administrator or Deputy State Court Administrator and the signature of the grantee's authorizing official and chief judge. The contract shall commence October 1, 2004, and shall terminate on September 30, 2005, unless terminated earlier. Funding under this contract does not guarantee future funding from the Michigan Drug Court Grant Program. . 4. Contract Funding Upon approval of the grantee's application and signing of this contract, the State Court Administrative Office agrees to provide funding from the Michigan Drug Court Grant Program in an amount not to exceed the amount of the grant contract. In no event does this contract create a charge against any other funds of the State Court Administrative Office or the Michigan Supreme Court. . 5. Conduct of the Project A. The Grantee shall abide by all terms and conditions imposed and required by the grant application guidelines and budget requirements. Michigan Drug Court Grant Program-2005 Page 3 B. The Grantee shall operate its drug court project in accordance with the key components of drug courts as outlined in the application guidelines. C. The Grantee shall comply with all applicable federal, state, and local laws, rules, and regulations.. 6. Cash/In-Kind Match The state share of the grant project may not exceed 75% of the total State Court Administrative Office project cost. At least 25% of the total project cost is a required match and must come from a combination of local cash, in-kind, or other sources. Cash contributions must constitute at least 5% of the total project cost. . 7. Assignments and Subcontracts All provisions and requirements of this contract shall apply to any subcontracts or agreements the grantee may enter into in furtherance of its obligations under this contract. The grantee shall provide copies of all subcontracts to the State Court Administrative Office for review and approval prior to entering into a subcontract agreement and shall be responsible for the performance of any subcontractor. 8. Independent Contractor Status A. Both parties to this contract will be acting in an independent capacity and not as an agent, employee, partner, joint venture, or associate of one another. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose. B. The grantee understands and agrees that all persons furnishing services pursuant to this contract are, for purposes of workers' compensation liability or other Michigan Drug Court Grant Program-2005 Page 4 actions of employee-related liability, not employees of the State Court Administrative Office or the Michigan Supreme Court. The grantee bears the sole responsibility and liability for furnishing workers' compensation benefits to any of its employees for injuries arising from or connected with services performed pursuant to this contract. 9. Indemnification Each party to this contract will remain responsible for any claims arising out of that party's performance of this contract as provided by the terms of this contract or applicable law. This contract is not intended to increase or decrease either party's liability for or immunity from legal claims. This contract is not intended to nor will it be interpreted as giving either party hereto a right of indemnification, either by contract or by law, for claims arising out of the performance of this contract. 10. Debarment and Suspension The grantee may not contract with or make any award of the State Court Administrative Office drug court grant funds at any time to any party that has been debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." 11. Acquisition, Accounting, Record Keeping & Inspection A. The grantee agrees that all expenditures from this contract, including the acquisition of personnel services, contractual services, supplies, and equipment, shall be in accordance with (1) the standard procedures of the grantee's unit of Michigan Drug Court Grant Program-2005 Page 5 government and (2) the administrative and budget requirements of the Michigan Drug Court Grant Program. B. The grantee agrees to maintain accounting records following generally accepted accounting principles for the expenditure of funds for the purposes identified in the approved grant request, final approved budget, and any applicable approved contract addendum and/or budget amendment. C. The grantee agrees that the Michigan Supreme Court, State Court Administrative Office, the local government audit division of the Michigan Department of Treasury, the State Auditor General, or any of their duly authorized representatives, including program evaluators and auditors, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, books, accounts, data, time cards, or other records related to this contract. The grantee shall retain all books, records, including all pertinent cost reports, accounting and financial records, or other documents related to this contract, for five (5) years after final payment, at the grantee's cost; federal and/or state 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 the materials during the term of this contract and for five (5) years after final payment. 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 complete. The State Court Administrative Office shall provide audit findings and recommendations to the grantee. The State Court Administrative Office may adjust future or final payments if the findings of the audit indicate over-or under- payment to the grantee for the period audited, subject to the availability of funds Michigan Drug Court Grant Program-2005 Page 6 for such purposes. If an audit discloses an overpayment to the grantee, the grantee shall immediately refund all amounts that may be due the State Court Administrative Office. Failure of the grantee to comply with the requirements of this section shall constitute a material breach of this contract upon which the State Court Administrative Office may cancel, terminate, or suspend this contract. D. The grantee's accounting system must maintain a separate fund or account that segregates the Michigan Drug Court Grant Program contract receipts and expenditures from other receipts and expenditures of the grantee. 12. Accountability for Michigan Drug Court Grant Program Funds The grantee agrees that it will not expend funds obtained under this contract for any purpose other than those authorized in the administrative requirements and specified in the grant application and revised approved budget for the Michigan Drug Court Grant Program, and will expend grant funds only during the period covered by this contract, unless prior written approval is received from the State Court Administrative Office. 13. Program Review and Monitoring The grantee shall give the State Court Administrative Office and any of its authorized agents access to the drug court at any reasonable time to evaluate, audit, inspect, observe, and monitor the operation of the program. The inspection methods that may be used include, but are not limited to: on-site visits; interviews of staff and drug court participants; and review of case records, receipts, monthly/quarterly statistical reports, and fiscal records. Michigan Drug Court Grant Program-2005 Page 7 14. Reports The grantee agrees to provide reports as identified in the application guidelines and administrative requirements for the Michigan Drug Court Grant Program to the State Court Administrative Office as follows: A. Financial Reports. Financial reports are due quarterly, one month following each quarter of the fiscal year, with the exception of the 4th quarterly report which will be due October 10, 2005, in order to meet fiscal year-end reporting requirements. The financial quarterly reports will be due January 31, 2005; April 30, 2005; July 31, 2005; and October 10, 2005. The State Court Administrative Office will provide copies of the financial report forms upon request. B. Progress Reports. Progress reports are due semi-annually. The reports will be due on March 1, 2005, and September 1, 2005. The progress reports will list the drug court program's goals and objectives, detail the status of accomplishments for each goal and objective, discuss any changes in the program's goals and objectives as set forth in the application for grant funding, and describe program activities during the reporting period. The final report must provide a summary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award. C. Drug Court Grantee Data Reporting. Felony adult, DUI/OUI and juvenile drug court recipients of implementation and continuation funding are required to submit to the State Court Administrative Office on a quarterly cycle the Drug Court Quarterly Program Report developed by the Office of Drug Control Policy. Family dependency drug court recipients of implementation and continuation funding are required to submit to the State Court Administrative Office the Drug Michigan Drug Court Grant Program-2005 Page 8 Court Quarterly Program Report developed by the State Court Administrative Office. The quarterly reports will be due January 31, 2005; April 30, 2005; July 31, 2005; and October 10, 2005. Should a grantee awarded funds for planning purposes become operational during the contract period, the grantee will be responsible for submitting the appropriate quarterly program reports for the quarter immediately following program implementation as required above for courts receiving implementation funding. The grantee is responsible for obtaining the appropriate quarterly report forms. D. Grant Funding Reallocation. The State Court Administrative Office retains the right to reallocate grant funding if ongoing progress is not being made toward achieving the program's goals and objectives and/or in the implementation of the drug court grant project as defined in the approved grant request. Reimbursement for grant costs and/or future funding may be withheld or denied if any of the required reports in this section are delinquent or received thirty (30) days past their due date. 15. Budget Modification Adjustments in expenditures up to $1,000 within line item categories in the approved budget and transfers up to $1,000 between line item categories in the approved budget may be made without the prior written approval of the State Court Administrative Office. Requests for adjustments in expenditures within line items and between line item categories exceeding $1,000 must be made using a Contract Adjustment Request Form which can be obtained from the State Court Administrative Office. • Michigan Drug Court Grant Program-2005 Page 9 16. Termination/ Funding Hold The State Court Administrative Office may, at its election, place a funding hold on contracted amounts not yet disbursed or terminate this contract if it concludes that the grantee is not in compliance with the conditions and provisions of this grant contract, the grant application guidelines and administrative requirements, or the budget requirements of the Michigan Drug Court Grant Program. The State Court Administrative Office may extend an opportunity for the grantee to demonstrate compliance. Notification of a funding hold or termination will be in writing. It is agreed that, if funding for this contract becomes unavailable to the State Court Administrative Office, this contract may be canceled immediately upon notice to the grantee without further financial liability to the State Court Administrative Office. Authorized By: State Court Administrative Office Date Acceptance by Grantee: Authorizing Official (Signature and Title) Date Chief Judge (Signature) Date Michigan Drug Court Grant Program-2004 Page 10 10 52/2 District Court BUDGET SUMMARY Revised October 2004 Local Match SCAO Other Funding Total Cost Grant Request Byrne Grant Budget Category Cash In-Kind Sources (100%) Personnel $31,049.25 $10,349.75 N/A N/A N/A $41,399.00 B Fringe Benefits $15,384.90 $5,128.30 N/A N/A N/A $20,513.20 C Consultant/Contractual $5,000.00 $5,750.00 N/A N/A N/A $10,750.00 D Travel (Excluding Consultants) N/A $900.00 N/A N/A N/A $900.00 E Consultant/Contractual Travel N/A N/A N/A N/A N/A 0 F Supplies/Operating $565.00.00 $1,355.00.00 N/A N/A N/A $1,920.00 Total Project Cost by Funding Source $51.999.15 $23,483.05 0 0 0 $75,482.20 Summary of Drug Court Funding Sources SCAO Grant Request $51,999.15 I Local Match (divide SCAO request by 3) *difference is $750 for Software (pg. 15) and $900 for $23,483.05 * Travel (pg. 16) not allowed with state grant funds, and additional $875 for supplies to cover reduced SCAO award. $20,958.05 + $750 + $900 + $875 = $23,483.05 1. Cash (minimum 20% of Line I) $ 2. In-Kind (maximum 80% of Line I) $ SCAO Budget Total (sum Lines H & I) $75,482.20 _ K Byrne Grant (ODCP/SCAO) $ Other Funding Sources (describe) 1. $ 2. $ 3. $ 4. $ 5. $ 6. $ Total Other Funding Sources $ M Total All Funding Sources (sum Lines J, K and L) $75,482.20 Page 14 Special Revenue Fund 279 Revenue 1-32-279-100505-28000-0167 1-32-279-100505-28000-0171 Expenditures 2-32-279-200505-28000-2001 2-32-279-200505-28000-2075 2-32-279-200505-28000-2560 2-32-279-200505-28000-3756 2-32-279-200505-28000-4156 FISCAL NOTE (MISC. #04343) November 18, 2004 BY: Finance Committee, Chuck Moss, Chairperson IN RE: 52 nd DISTRICT COURT, DIVISION II - 2005 MICHIGAN DRUG COURT PROGRAM INITIAL GRANT 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 II (Clarkston) has received a grant from the State Court Administrator's Office (SCAO), Michigan Drug Court Program, for the period of October 1, 2004 through September 30, 2005. 2. The award from SCAO is for $52,000, which, along with the required General Fund Grant Match of $23,482, totals $75,482 in total program funding. 3. The required cash match is currently budgeted in the General Fund non-departmental budget. 4. The grant contract includes the creation for one (1) special revenue full-time eligible Probation Officer II within the Probation unit, at a cost of $61,912. 5. The grant also funds $10,750 of contracted services consultant costs, $900 in travel and $1,920 of operating supplies, for a total SCAO grant funded budget of $75,482. 6. These grants allows no provision to bill or recover administrative or support cost. 7. A budget amendment is recommended to the FY 2005 budget to accept initial funding from SCAO, for the 52-2 District Court Drug Court grant as follows: General Fund 101 Expense 2-90-101-290000-25000-2872 2-32-101-301200-20001-2872 Grant Match Grant Match ($23,482) 23,482 0 Grant Match $ 23,482 Grants-State 52,000 $ 75,482 Salaries $ 41,399 Fringe Benefits 20,513 Consultant 10,750 Travel and Conference 900 Lab. Supplies 1,920 $ 75,482 FINANCE COMMITTEE (Th-e2-7( 4tOrr FINANCE COMMITTEE Motion carried unanimously on a roll call vote. G. William Caddell, County Clerk Resolution #04343 November 18, 2004 Moved by Crawford supported by Suarez the resolution be adopted. Moved by Crawford supported by Webster the Personnel Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Vote on resolution: AYES: McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long. (24) NAYS: None. (0) Moved by Crawford supported by Douglas the resolution be amended in Section 7. Assignments and Subcontracts, of the 2005 Michigan Drug Court Program Initial Grant Contracts to add the words for services funded by this grant to read as follows: All provisions and requirements of this contract shall apply to any subcontracts or agreements the grantee may enter into in furtherance of it obligations under this contract. The grantee shall provide copies of all subcontracts for services funded by this grant to the State Court Administrative Office for review and approval prior to entering into the subcontract agreement and shall be responsible for the performance of any subcontractor. A sufficient majority having voted therefore, the amendment carried. Moved by Crawford supported by Suarez the resolution as amended, be re-voted. Revote of resolution: AYES: Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin. (24) NAYS: None. (0) A sufficient majority having re-voted therefore, the resolution as amended, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foreloing resblutioh is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 18th, 2004 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 18th day of November, 2004.