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HomeMy WebLinkAboutResolutions - 2007.09.20 - 9366August 3C. 2007 MISCELLANEOUS RESOLUTION #07204 August 30, 2007 BY: Planning and Building Committee. Sue Ann Douglas. Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH THE OAKLAND COUNTY BAR ASSOCIATION FOR USE OF OFFICE SPACE OAKLAND COUNTY COURTHOUSE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, on June 5. 2007. pursuant to the rules and procedures of the Oakland County Board of Commissioners, the Planning and Building Committee authorized staff to negotiate the terms and conditions of a lease agreement with the Oakland County Bar Association for use of approximately 913-sf of office space in the Oakland County Courthouse West Wing Extension: and .= WHEREAS, the Department of FacHties Management, with the assistance of Oakland County Corporation .Counsel, has negotiated the terms and conditions of the attached Lease Agreement with representatives of the Oakland County Bar Association; and WHEREAS, pursuant to the terms and conditions of said Lease. the agreement provides for the use of approximately 913-sf of office space or the first floor of the West Wing Extension of the Oakland County Courthouse from October 1, 2007. until September 30, 2010. at the rate of $14.81 per square foot with annual increases or decreases (based or County operation and maintenance cost). The lease may be extended at the County's discretion on a year-to-year basis for up to an additional three years. The Bar Association would provide its own furniture, telephones, computers, fax machines, office equipment etc. Rent paid to the County would include janitorial service, normal courthouse security and all utilities except telephone service; and , WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed andkir prepared all necessary documents related to the attached Lease Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and the Oakland County Bar Association. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents, which may be required between the County of Oakland and the Oakland County Bar Association. Chairperson, on behalf of the Planning and Building Committee. I move the adobtion of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #07204 The Chairperson referred the resolution to the F-iniance Committee. There were no ooieotion z. Oakland County Department of Facilities Management 8/21/2007 Approval of Lease Agreement Oakland County Bar Association Pursuant to the rules and procedures of the Oakland County Board of Commissioners on June 5, 2007 the Planning and Building Committee authorized staff to negotiate the terms and conditions of a lease agreement with the Oakland County Bar Association for use of approximately 913-sf of office space in the Oakland County Courthouse West Wing Extension. The Department of Facilities Management with the assistance of Corporation Counsel has negotiated the terms and conditions of the attached new Lease with representatives of the Bar Association, The Circuit Court and the Bar Association are presently engaged in a voluntary court docket management program, which mutually benefits the Court and the Association. Presently the Bar Association members utilize jury rooms and conference rooms throughout the courthouse whenever they are available for resolution of discovery issues and settlement conferences. The Court Administration recommends that by assigning a specific office for use by Bar Association members for resolution of minor case issues outside the courtroom would result in more efficient use of courtroom time, case management, speed document management and reduce jury costs. Terms of the Lease Agreement The attached Lease agreement provides for the use of approximately 913-sf of office space on the first floor of the West Wing Extension of the Oakland County Courthouse from October 1, 2007 until September 30, 2010 at the rate of $13.73 per square foot with annual increases or decreases (based on County operation and maintenance cost). The lease may be extended at the County's discretion on a year to year basis for up to an additional three years. The Bar Association would provide its own furniture, telephones, computers, fax machines, office equipment etc. Rent paid to the County would include janitorial service, normal courthouse security and all utilities except telephone service. Recommendation It is the recommendation of the Circuit Court Administration and the Department of Facilities Management that the Oakland County Board of Commissioners accepts and approves the attached Lease Agreement between the County of Oakland and the Oakland County Bar Association. Mdh8/9/07 LEASE AGREEMENT BETWEEN COUNTY OF OAKLAND, A MICHIGAN MUNICIPAL AND CONSTITUTION CORPORATION AND OAKLAND COUNTY BAR ASSOCIATION, A NON-PROFIT CORPORATION This lease is made this day of 2007, by and between the County Of Oakland, whose address is 1200 N. Telegraph Road, Pontiac, Michigan, 48341, (hereinafter "Lessor" as defined herein) and the Oakland County Bar Association, whose address is 1760 S. Telegraph Road, Bloomfield Hills, Michigan 48302, (hereinafter "Lessee" as defined herein); and, Whereas, Lessor is the owner of the West Wing Extension of the Oakland County Courthouse, also known as Building 14 East (hereinafter 'Building 14E"), on the Oakland County Service Center Campus, City of Pontiac. Michigan. 48341; and, Whereas, Lessor and Lessee are desirous of entering into a lease for 913 square feet of office space located on the first floor of Building 14E and designated Room 120 (hereinafter referred to as the "Premises"), under the following terms and conditions: NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH HEREIN, IT IS MUTUALLY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. Premises. Lessor does hereby lease to Lessee, the above described Premises, the location and lay-out of which are set forth in Attachment "A". 2. Term. The term of the Lease shall be for three (3) years and shall commence on the 1st day of October, 2007, and end on the 30th day of September, 2010. At the discretion of Lessor this Lease can be extended on a year to year basis for up to three years. There will be no holding over by Lessee at the end or termination of this Lease. 3. Rent. Lessee understands and accepts that the Oakland County Board of Commissioners sets the "gross square footage rental rate" for all Oakland County property on October 1 st of every year. That rate is in effect from October 1 st until September 30th of the following year. The rate in effect starting October 1, 2007 will be Fourteen Dollars and eighty-one cents ($14.81) per square 1 foot per year, payable in monthly installments of One Thousand One Hundred Twenty-Six Dollars and seventy-nine cents (S1126.79). That rate wili be adjusted u o- oowr depending or, the rate in effect on October 1,2008, and on every October 1 st thereafter, for the duration of this Lease or any extension. 4. Partial Month Rent Proration. Should the Term, of this Lease commence on a day other than the first calendar day of a month, then the Rent for such month and the last month of the Term shall be prorated upon a daily basis based upon a thirty (30) day calendar month. 5. Place of Rent Payment. Rent shall be payable monthly in advance of the 1st day of each and every month. Said rent shall be paid to Lessor at: Property Manager Oakland County Facilities Management 1 Public Works Dr. Waterford, MI 48328 or at such other place as Lessor may from time to time designate in writing. 6. Termination. During any extension of this Lease after the initial three (3) year term, the lease may be terminated by either party at any time for any reason or no reason, on ninety (90) days written notice to the other party. 7. Use and Occupancy. It is understood and agreed between Lessor and Lessee that during the term of this lease the Premises will be used by Lessee as general office space. Lessee shall have the right to utilize available existing conduit, cable and wiring or to install conduit, cable and wiring within the Premises with Lessor's approval. 8. Access to Premises. Access to Building 14E will be through the public secured entrance and persons entering Building 14E will be subject to security checks and searches. Lessee's designated staff and members will have access to the Premises via card readers at the entrance to the Premises, Lessee will pay the County's cost for the swipe cards to be used in the card readers. The swipe cards will be specifically for the Premises and identified only by number. Access to the Premises will only be during normal business hours of the Oakland County Courthouse (8:00 a.m. to 5:30 p.m.), excluding weekends. Lesso- will provide and install appropriate signaae on the interior of Buiidinc 14E to identify the ,---'remises as occupied by Lessee 9. Lessor Provided Services. Lessor will provide and pay for all maintenance and custodial services, together with all heat, electric, air-conditioning, and other utilities, during the term of this lease or any extensions thereof, with the exception of telephone, cable or satellite service which will be the sole expense of Lessee. Lessor agrees to keep the Premises in good structural condition and, at Lessor's expense, to make repairs as needed except for damage caused by Lessee, its employees, agents, members, members clients or contractors. Repairs do not include remodeling, renovation, improvements or other modifications of the Premises to allow Lessee to use the Premises for general office use. 10. Equipment and Furnishings. Lessee will provide, at its own expense, all telephones, facsimile machines, computers, modems, wireless access devices, furniture and all other equipment required to conduct Lessee's business on the Premises. Lessee shall be solely responsible for the maintenance and repair of all such property. Lessee shall be responsible for any and all costs associated with the installation, use, maintenance, repair, and upgrading of general telephone, cable, and wireless services (including local, long distance, and modem charges). 11. Alterations or Improvements. Lessee shall not make any alterations or improvements to or upon the Premises without the prior written consent of Lessor, which consent will not be unreasonably withheld. Any alterations or improvements made to or upon the Premises shall become an integral part of the Premises and shall become the sole property of Lessor immediately upon completion unless Lessor notifies Lessee, prior to construction, that the alterations or improvements shall be removed by Lessee at the conclusion or termination of the Lease at Lessee's sole expense. Any alterations or improvements made to or upon the Premises shall be performed by a properly qualified contractor approved by Lessor's Director of the Department of Facilities Management or his designee. Any alterations or improvements shall be done only during 3 The total limits of eneral liabili eauiren nHrFnn mav np qATIgniar with a combination of a Primar General ana) t Jrnnrpil rinurv r not less normal business hours of the Oaktau' County Courthouse. and done in such a way as not to interfere with the use of the Courthouse by the general pubiic. Any contractor retained by Lessee shall comply with MCL 129.201 et seq. Any remodeling, renovation, improvements, or other modifications necessary to operate the Premises for general office use will be at Lessee's expense. 12. Condition Upon Surrender. The Premises will be returned to Lessor in the same condition as when Lessee took possession, reasonable wear and tear excepted. 13. Access by Lessor. Lessee hereby acknowledges that during the term of this Lease or any extension Lessor shall have 24 hour access to the Premises for the purposes of inspecting, repairing and/or maintaining the Premises. 14. Insurance and Indemnification. Lessee shall, during the term of this Lease, or any extensions, obtain and maintain insurance according to the minimum specifications indicated below: a. Commercial General Liability with the following as minimum requirements: $3,000,000 — General Aggregate Limit other than Products/Completed Operations $3,000,000 — Products/Completed Operations Aggregate Limit $3,000,000 — Personal & Advertising Injury Limit $3,000,000 — Each Occurrence Limit $1,000,000- Fire Damage (Any One Fire) $ 10,000 — Medical Payments — Any One Person Insurance policy shall contain the following coverage(s): • Occurrence Form • Broad Form Property Damage • Products & Completed Operations • Per Location/Per Project General Aggregate • Premises/Operations • Independent Contractors • (Blanket) Broad Form Contractual • Personal Injury - Delete Contractual Exclusion • Explosion, Collapse and Underground than 3.000 000 in er occurr e IIMITS snF ric thp Priman eral Liabilit 4 policy as underlying insurance b. Workers Compensation: Coverage A: with limits statutorily required by any applicable Federal or State law (and) Employers Liability Insurance -Coverage B: with minimum limits of $1,000,000 each accident, $1.000.000 disease each employee, and $1,000,000 disease policy limit. c. Automobile Liability: with minimum limit of $1.000.000 Combined Single Limit per occurrence (including No-Fault as required by law) for all hired, leased, owned and non- owned vehicles. d. Lessee Owned Property: Lessee shall be responsible, at its own expense, for maintaining special form fire and extended coverage insurance on all personal property and equipment owned by Lessee. Lessee agrees to waive all rights against Lessor for damage or loss of such personal property. General Insurance Policy Provisions: All certificates of insurance and policies of Lessee shall be endorsed to contain the following provisions and/or clauses: (1) All policies of insurance shall be on a primary, non-contributory basis with any other insurance and/or self-insurance carried by Lessor. (2) The insurance company(s) issuing the policy or policies shall have no recourse against Lessor for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above-described insurance policies shall be assumed by, and be for the amount of. and at sole risk of. Lessee. (4) All insurance policies shall be endorsed to name Lessor as additional insured and shall specifically include the liability assumed hereunder by Lessee, All certificates are to provide thirty (30) days written notice of material change, non- renewal or cancellation. Certificates of insurance must be provided no less than ten (10) working days before occupancy or use of the premises. (6) All certificates of insurance shall bear evidence of all required endorsements and clauses. All insurance carriers are subject to the approval of the County and shall be licensed and approved to do business with the State of Michigan. All insurance companies will have a minimum A.M. Best Rating of A VII. e. It is mutually agreed between the parties hereto that neither Lessor nor its employees shall be held liable for any theft or loss or other claims, injury or damage incurred by Lessee or any other person as a result of or arising out of the occupancy or use of the Premises. f. Lessee shall hold harmless, indemnify, and defend Lessor from and against any and all liability, loss, damage, demands, costs, expense (including, without limitation, reasonable (3) (5) g. attorney fees), judgments, penalties. fines, or claims of whatsoever nature by third parties and employees of Lessee, arising out of any Lessee's activities, or any use of the Premises by Lessee, including but not limited tc, direct service delivery tc be carried out by Lessee on the Premises, or injuries attributable to Lessee's negligence, or the negligence of Lessee's employees, members or agents. except for claims arising out of the sole negligence of Lessor. Lessor and Lessee agree they will provide each other immediate notice of any claim or potential claim. In the event that liability to a third party(s), arises as a result of activities conducted jointly by Lessor and Lessee in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by Lessor and Lessee in proportion to each party's responsibility for the injury under said joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity enjoyed by Lessor as provided by common law, statute or court decisions. 15. Destruction of Premises. a. In the event the Premises are partially damaged or destroyed by fire or other casualty, the damage to the Premises shall be promptly repaired or rebuilt by Lessor. In the event the Premises cannot be repaired or rebuilt within one hundred eighty (180) days after such destruction. Lessee shall have the right to terminate this Lease and vacate the Premises anytime within one hundred eighty (180) days after the occurrence of such damage or destruction. During the time the Premises are being repaired. the Rent owed by Lessee shall be reduced in proportion to the percentage of the Premises rendered unusable until the Premises are repaired or rebuilt. If Lessee is required to vacate the Premises during any period of repair, the rent shall be entirely abated for the time vacated. If less than thirty-five percent (35%) of the Premises are damaged or destroyed by fire or other casualty, Lessee may elect, during the period of repair, to remain on the Premises or to vacate the Premises. unless remaining on the Premises would hinder the repair of the Premises. b. In the event that more than thirty-five (35) percent of the Premises are damaged or destroyed by fire or other casualty, Lessor may elect to repair or rebuild the Premises or to terminate this Lease by giving written notice to Lessee within thirty (30) days after the occurrence of such damage or.destruction. Lessee will have ninety (90) days from the date of the notice to 6 vacate the Premises. In no event shal! Lessor be required to repai - c- replace any property of Lessee, c. In the event of fire or other physical damage to the Premises, Lessee and its employees and agents, agree to waive their rights of subrogation and recovery against Lessor. d. Lessee shall notify Lessor of any damage to the Premises by fire or other physical damage. If the Premises are damaged by the acts of Lessee or its employees, members, members clients, agents or contractors, and as a result of the damage to the Premises Building 14E is damaged, then Lessee shall repair the damaged areas including its alterations, with due diligence and at the sole expense of Lessee, to a condition substantially equivalent to that which existed immediately prior to the damage. e. Anything in this Section Thirteen (13) not to the contrary, if (i) by reason of fire or other physical damage the Premises are rendered unusable, or (ii) if the Premises are damaged by fire or other physical damage to the extent that it is impracticable to replace or repair the Premises, then at the option of either party. and upon notice delivered to the other party not more than thirty (30) days following the damage, either party may terminate this Lease. If an election to terminate this Lease is exercised, then this lease shal: expire upon the 30th day after such notice is given and Lessee shall vacate the Premises and surrender the same to Lessor in accordance with the applicable provisions of this Lease. Lessor is under no obligation to rebuild the Premises or Building 14E if so damaged. f. Lessor shall not be liable for delays occasioned by adjustment of losses from insurance carriers so long as Lessor shall proceed in good faith. 16. Default. In the event of a default by either Lessor or Lessee, the Party alleging the default shall mail to the other Party details of the alleged default and allow thirty (30) days to correct same. 17. Rights to be Cumulative. It is agreed that each and every one of the rights, remedies and benefits provided by this Lease shall be cumulative, and shall be exclusive of any other said rights, 7 remedies and benefits allowed by aw. One 07 more waivers of any covenant or condition by Lessor shal: not be construed as a waiver o: a further breach or tne same covenant or condition. 18. Address for Written Notice. Whenever under this Lease a provision is made for notice of any kind it shall be deemed sufficient notice and service thereof if such notice to Lessor is in writing addressed to the County of Oakland. Property Manager, 1 Public Works Drive, Waterford, Michigan 48328 and deposited in the mail with postage prepaid: and if such notice to Lessee is necessary it shall be done in writing and addressed to Lessee at the following addresses: Oakland County Bar Association, 1760 S. Telegraph Road, Bloomfield Hills, Michigan, 48302. Lessor shall notify Lessee within thirty (30) days of any change of address. 19. Governing Law. This Lease shall be interpreted under and governed by the laws of the State of Michigan. 20. Assignment of Lease. Lessee acknowledges that it shall have no right to assign this Lease or to sub-lease any portion of the Premises. 21. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Lease does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to be indemnified, right to be subrogated to the Parties' rights in this Lease, and/or any other right, in favor of any other person or entity. 22. Use of Words. The pronouns and relative words used in this Lease shall be read interchangeably in masculine, feminine or neuter, singular or plural, as the context requires. 23. Binding Effect. The terms and conditions of this Lease shall be binding and shall inure to the benefit of the Parties and their respective heirs, representatives, successors and assigns. 24, Entire Agreement. This Lease constitutes the entire agreement of the Parties with respect to the Premises, and all prior negotiations, agreements and understandings, either oral or written, are merged herein. 25. Waiver. No waiver of any term. provision or condition of this Lease, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a further continuing waiver 8 of a term. provision or condition of this Lease. No remedy available to a Party for the other Party's breach o: this Lease is intended to be an exclusive remedy. A Party's exercise of any remedy for breach of this Lease shall not be deemed or construed to be a waiver of its right to pursue another remedy. 26. Severability. If a term, condition. or provision of this Lease is found, by a court of competent jurisdiction, to be invalid, unenforceable, or to violate or contravene federal or state law, then the term, condition, or provision shall be deemed severed from this Lease; all other terms, conditions and provisions shall remain in full force and effect. 27. Reservation of Riahts. This Lease does not and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, or immunity of Lessor. 28. Quiet Enloyment. Upon performance of its obligations under this Lease, Lessee shall peacefully and quietly hold and enjoy the Premises for the Term of this Lease without hindrance or interruption by Lessor, its agents or employees, subject to the terms of this Lease. 29. Modifications. This Lease may be modified or amended only by written agreement of Lessor and Lessee. 30. Defined Terms: The following words when printed with the first letter capitalized as shown herein, whether used in the singular or plural. possessive or non-possessive, and/or either within or without quotation marks, shall be defined and interpreted as follows: a. Lessor means the County of Oakland, a Michigan Municipal and Constitutional Corporation, its elected and appointed officials, employees, volunteers, agents (excluding Lessee which is not an agent of Lessor) departments, divisions, committees, boards and authorities; b. Lessee means the Oakland County Bar Association, a non-profit corporation, its officers, directors, members, employees and agents. 9 30. Execution in Counterparts. This Lease may be simultaneously executed via telecopy in several counterparts. each of which shall be an originai and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF. the Parties hereunto have set their hands the day and year first above written. IN WITNESS WHEREOF, Michael J Sullivan, on behalf of the OAKLAND COUNTY BAR ASSOCIATION, a non-profit Corporation. hereby accepts and binds the OAKLAND COUNTY BAR ASSOCIATION to the terms and conditions of this lease on this day of August, 2007. WITNESSED BY: OAKLAND COUNTY BAR ASSOCIATION, a non-profit Corporation as LESSEE By: Michael J. Sullivan, President Michael J. Sullivan appeared in person before me this day and executed this Lease Agreement on behalf of Oakland County Bar Association and acknowledged to me under oath that the Oakland County Bar Association has taken all actions and secured any and all necessary approvals and authorizations and he has the requisite authority from Oakland County Bar Association to fully and completely obligate and bind the Oakland County Bar Association to the terms and conditions of this Lease Agreement and any and all other documents incorporated by reference and also acknowledged to me under oath as having been provided with copies and having read and reviewed all Lease Agreement documents including all documents incorporated by reference. Subscribed and sworn to before me on this day of August, 2007. Notary Public County, Michigan My Commission Expires: IN WITNESS WHEREOF, BILL BULLLARD, Jr., Chairperson of the Oakland County Board of Commissioners, on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this Lease on this day of September, 2007. WITNESSED BY: COUNTY OF OAKLAND, a Michigan Constitutional And Municipal Corporation as LESSOR By: Bill Bullard, Jr., Chairperson 2007-0413 Aug _16 _07 version.doc 10 Resolution #07204 August 30, 2007 The Chairperson referred the resolution to the Finance Committee, There were no objections. FISCAL NOTE (MR #07204) September 20, 2007 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH THE OAKLAND COUNTY BAR ASSOCIATION FOR USE OF OFFICE SPACE - OAKLAND COUNTY COURTHOUSE 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 resolution approves and authorizes a lease agreement between Oakland County and the Oakland County Bar Association for use of approximately 913 square feet of office space in the Courthouse West Wing Extension. 2. The space will be utilized by the Bar Association in conjunction with the Circuit Court for a voluntary court management program developed to resolve minor case issues outside the courtroom, which will result in more efficient use of courtroom time, case management, speed document management, and will reduce jury costs. 3. Lease charges to the Bar Association will be based on the gross square footage rental rate for the Courthouse established each fiscal year by the Board of Commissioners. The rate will be adjusted each fiscal year based on operational and maintenance costs of the Courthouse. 4. Lease charges to the Bar Association for Fiscal Year 2008 will be $13,522, based on a gross square footage rate of $14.81 per square foot for the Courthouse. 5. The Bar Association will provide all furniture, telephones, computers, and other equipment necessary to conduct the program at its own expense. 6. Oakland County will provide all maintenance and custodial services, normal courthouse security, and all utilities with the exception of telephone service. 7. The lease agreement will commence October 1, 2007 and end September 30, 2010 and may be extended at the County's discretion on a year-to-year basis for up to an additional three years. 8. The FY 2008/2009 Facilities Maintenance & Operations Division Revenue Budget includes provision for receipt of the lease payments in the External Agencies Revenue account (#63100-1040702-140010-635017). 9. No budget amendment is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. I ME APPROVE)IE FORE OING RESOLUTION n, County Clerk Resolution #07204 September 20, 2007 Moved by Douglas supported by Potts the resolution (with fiscal note attached) be adopted. AYES: Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 September 20, 2007, 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 September, 2007.