HomeMy WebLinkAboutResolutions - 2009.05.07 - 9881May 7, 2009
MISCELLANEOUS RESOLUTION # 09106
BY: Pubfic Serv.Lces Committee, Jeff Potter, Chairperson
IN RE: Prosecuting Attorney - 2009-2010 Title IV-E Client Services
Contract PROFC CM-F192) - Unit Rate - Contract Acceptance
To the 0a."Kland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to and in compliance with MCL 712A.17(5), upon
request of the Department of Human Services of the State of Michigan
(DES), "the prosecuting attorney shall serve as a legal consultant" to
the DES and the Oakland County Prosecuting Attorney does so serve as
legal consultant to DES: and
WHEREAS, DES is required to comply with federal and state
statutes governing investigation and placement of children (See. XCL
722.$22, at seq and CFR Title 45) and the Prosecutor's Office assists
in that compliance, resulting in better outcomes for Oakland County
families and better foster care case management; and
WHEREAS, the DHS desires to enter into contract with the Oakland
County Office of Prosecuting Attorney to provide legal consultation
regarding the abuse/neglect of children cases, court proceedings,
establishment of protocol, petition information, and periodic strategy
and training meetings with DHS staff; and
WHEREAS, the contract period of performance is identified as
April 1, 2009 through December 31, 2010; and
WHEREAS, the DES has agreed to pay the Prosecutor's Office for
legal services $594,534 over two years; for the time period of April 1,
2009 through December 31, 2009, the contracted amount is $254,940.00;
and for the time period of January 1, 2010 through December 31, 2010,
the contracted amount is $339,894; and
WHEREAS, the contract will be funded through Title IV-F pass
through funds; and
WHEREAS, the existing staff at the Prosecutor's Office that
currently represents DHS will continue to do so under the contract, and
no new staff will need to be hired; and
WHEREAS, the Prosecuting Attorney's Office agrees with the
contract for legal services with the DES; and
WHEREAS, the contracted amounts are based upon the salaries and
fringes of the staff assigned to the Prosecuting Attorney's juvenile
Justice Unit; and
WHEREAS, because of the cooperation between the Prosecutor's
Office and DRS, families of Oakland County will benefit from, better
case investigations and court proceedings; and
WHEREAS, the financial benefit to the County will be immediate
and significant as the contract will introduce new revenue into the
County for the next 20 months wethout requiring any additional staffing
or commitment of resources by the County; and
WHEREAS tnis contract has been approved through tie County
Executive Contract Review Process.
Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Potter absent
NOW 7HEREFORF BE :T RESOLVED that the Oak1and County Board of
Commissioners approves the attached contract agreement between Oakland
County and DES for the Prosecuting Attorney's Office to provide lega:
consultation regarding the abuse/neglect of children cases, court
proceethngs, establishment of protocol, petition information and
periodic strategy and training meetings with DES staff.
BE IT FURTHER RESOLVED that Oakland County is projected to
receive revenues of $594,834 over the two year time period of April 1,
2C09 through December 31, 2:110.
DE IT FURTHER RESOLVED that acceptance of this contract does not
obligate the County to any future commitment and continuation of any
special revenue positions is contingent upon future levels of contract
funding.
BE :T FURTHER RESOLVED that the 0a..r,land County Board of
Commissioners authorizes the Chairperson of the Board to sign the
agreement.
Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
PUBLIC SERV:CES CO!KX2TTEE
frr•ii.14,-...1, •
v,
Office of the Prosecuting Attorney
JESSICA R. COOPER
Prosecuting Attorney
' County of Oakland
April 8, 2009
Honorable Michael J. Gingell
3882 Kossuth
Lake Orion, MI 48360
Dear Mr. Gingell:
Thank you for providing a provisionary acceptance to the DHS contract that the State of
Michigan has offered to the Prosecutor's Office. Your provisional signature is needed
immediately since the start date of the contract is April P I and cannot be before the Board before
April 28'h for the resolution.
We were provided a copy of the contract for signature from the State la.st week. We immediately
reviewed it and forwarded the contract to Nancy VanPelt for her review. She, in turn, forwarded
the contract to Corporation Counsel and Risk Management for review and they have all
approved. Unfortunately, the State did not give us much notice when the completed contract
came through and the provisions are for an April i start date.
We were notified by DHS that we would receive the contract last month and I immediately
contacted Mr. Soave who came over to my office to discuss this bountiful award. Obviously,
we seek to maximize the monies availabk to the County for work this office provides to the
agency,
DI-IS has requested that this be signed as of April 7, 2009. While we have a day or two
extension, we need the provisional signature prior to the formal resolution on the 26 1 . As Mr.
Soave has explained, there are no financial obligations under this contract. It has been approved
by Finance, Corporation Counsel and Risk Management. We thank them for their expeditious
response.
This award of S594,834 over two years was available to this office for many years and we are
pleased to take advantage of it and bring these funds to the County. We have been informed by
the State that this awarded amount may increase substantially over the years,
1200 N. Telegraph Road, Pontiac, MI 4s341 Facsimile: (248) 858-0660 Telephone: (24S) 858-0656
Page two
April 8, 2009
Thank you for your attention to this matter, If you have any questions or comments, picase feel
free to contact me.
Sincerely,
cisica R,,CooW,
Prosecuting Attorney
JRC/dmd
GRANT REVIEW SIGN OFF — Prosecuting Attorney
GRANT NAME: 2009 — 2010 Title IV-E Client Services Contract PROFC (CM-F192) — Unit Rate
FUNDING AGENCY: Michigan Department of Human Services — Office of Contracts and Rate Setting
DEPARTMENT CONTACT PERSON: Julie McMurtry 8-8797
STATUS: Contract Acceptance
DATE: April 8, 2009
Pursuant to Misc. Resolution #01320, please be advised Inc captioned grant materials have completed
internal grant review. Below are the returned comments.
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 Sign Off 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 REVIEW
Department of Management and Budget:
Approved, — Laurie Van Pelt (04/0712009)
Department of Human Resources:
Approved. — Cathy Shallal (04/07/2009)
Risk Management and Safety:
Approved. - Andrea Plotkowski (04/07/2009)
Corporation Counsel:
After reviewing this agreement, there appear to be no unresolved legal issues that require additional
action. — Karen Agacinski (04/0712009)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of
these specificafly cited compliance related documents for this grant.
Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards for
obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and
non-profit organizations expending federal awards.
bun:I/Ivy:1v. whi ten° use.zo viombjcircutars/a I 331a133.hrtril
Federal Office of Management and Budget (OMB) Circular No. A-87. This Circular establishes principles
and standards for determining costs for Federal awards carried out through grants, cost reimbursement
contracts, and other agreements with State and local governments and federally recognized Indian tribal
governments (governmental units).
http://www ,whitehouse.goviombieircularsia0871a87_2004.htrn1aatta
Federal Office of Management and Budget (OMB) Circular No A-102. This Circular establishes consistency
and uniformity among Federal agencies in the management of grants and cooperative agreements with State.
local, and tribal governments.
http://v., yew .ve hitch nuse .toviomb 'c ircularsia 1 2/a1 02-html
Michigan Department of Human Services — Office of Contracts and Rate Setting
Client Services Contract PROFC (CM-F192) — Unit Rate
Cover Sheet
Contractor Name: Contract #:
• County of Oakland PROFC -09-63001 ,
Total Contract Amount: i 1m Year 2fld Year 3e Year
$594,834,00 $254,940.00 $339,894.00 $
CS-138#: Expires: Commodity Code: Mail Code:
95243 001
Contract Administrator: Phone #:
Jennifer Parks 517 241 8264
SS# or Fed. I.D. # Award Status:
.;8-6004876 0 Bld El Sole Source 0 Fair Market Rate
Begin day and month of Contractor's fiscal year:
1st day of month October month of year
Audit Status: 0 Vendor No Federal Funds Faith Based:
el Subrecipient if checked. record CFDA numbers(s) below • Yes lit„k No
93.658 .
Count(ies): ,
Oakland
Org. Type:
ri Private. Non-profit n Private, Proprletary Lill Public I:I University
Payment Type:
El Actual Cost sa Unit Rate D Fair Market Rate
Contractor is a state ernp.oyee: Contractors a refired state employee; .
• Yes [51 No 0 YeS El No
Index Code: PCA: ' AOC:
64300 72310 6155
CM-F192 (9-071MS Word
B.
C.
Contract No:
Total Contract Amount:
l st year Amount:
2nd year Amount
County:
Method of Payment:
PROFC-09-63001
$594,834.00.00
$254,940.00
$339,894.00
Oakland
Unit Rate
AGREEMENT
between-
Services Michigan Department of Human
(hereinafter referred to as "DHS") &
235 South Grand Avenue
P.O. Box 30037
Lansing, Michigan 48909
County of Oakland (hereinafter referred
to as "Contractor")
1200 N. Telegraph
Pontiac, Michigan 48341
This Agreement is effective from April 1, 2009, through December 31, 2010.
I. CONTRACTOR RESPONSIBILITIES
A. Geoaraphic Area
The Contractor shall provide services described herein in the foildwing geo-
graphic area: Oakland County.
Location of Facilities
The Contractor shall provide services described herein at the following
location(s):
Oakland County ,1200 N. Telegraph, Pontiac, Michigan 48341
And the County Court Office
Client ElidibilitV Criteria
1. All clients must be involved in court proceedings regarding the
neglect of children.
2. Determination of Eligibility — Eligibility is determined by OHS.
abuse and
a Credentials
CM-F192 (9-G7) MS Word
1. The Contractor shall assure that appropriately credentialed or trained staff
shall perform functions under this Agreement.
2. The Prosecuting Attorney and his/her designee must possess a Law Degree
from an accredited law school and be licensed to practice law in the State of
Michigan by the Michigan Bar 'Association, with membership in good
standing.
E. Services to be Delivered
Service #1 of 1: LEGAL SERVICES
1.
Activities the Contractor shall perform:
The Contractor shall:
a. Provide legal consultation to OHS staff and designated Agreement
staff in court proceedings regarding the abuse/neglect of children.
b. Establish a protocol with DHS and law enforcement on child abuse
and neglect cases.
c. Advise DHS staff when requested and within statutory time frames, on
the legal sufficiency of the petition information and proofs.
d. Provide consultation to OHS staff and designated Agreement staff
throughout the court process, including, if necessary, any appeals.
e. Meet quarterly (at least two hours each quarter) with local OHS
director or designee for the following purposes:
1) To discuss improvements in, or concerns of the parties
respective roles in juvenile court proceedings.
To discuss improvements in or concerns related to
responsibilities for processing a child abuse or neglect case in at
least the following areas:
a) Draft review and filing petitions.
b) Consulting on cases prior to all COA hearings.
3) To air and resolve concerns with the local OHS director, If a
dispute involving legal issues cannot be resolved or a conflict of
interest arises, the Prosecutor or assistant prosecutor actually
providing legal services to DHS may withdraw from providing
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legal services to DE-IS regarding the case or cases involved in
the concern or conflict of interest situation_
4) Provide training, as needed, to local DHS staff and staff of
private agencies, as designated by DHS. Training shall focus on
the legal requirements for presenting a petition, testifying in court
and other aspects of the court process, as agreed upon, in child
abuse/neglect cases. This training will be given at times and
locations mutually agreeable to the local DHS and the
Prosecutor and shall be at least two hours in duration. No more
than two such trainings will be required annually without mutual
agreement between the local DHS and the Prosecutor.
f. Meet with local DHS staff or contracted staff designated by DHS for
the purpose of:
1) Advising the worker regarding present sufficiency of evidence
necessary to proceed to court.
2) Reviewing DHS or contract staffs proposed petition for legal and
evidentiary sufficiency and proofs, with regard to the disposition
sought, prior to filing.
3) Providing DHS staff with technical assistance in preparing for all
phases of the court hearing process (i.e., preliminary hearing,
adjudication, dispositional, review and permanency/termination).
4) Determining the witnesses, exhibits, and other evidence
necessary for all hearings.
5) Insuring that all witnesses are subpoenaed.
6) Advising DHS or contract staff, regarding any follow-up
preparations required for future hearings.
7) Consulting with DHS or contract staff, prior to negotiating a
settlement.
2. Volume of Service:
Clients — The estimated number of unduplicated eligible clients to be
sewed during the period of this Agreement shall be:
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CM-F192 (0-07) MS Word
Federal Program
Title
Title IV-E PA
contracts
CFDA #. FFP%
93.658 50%
3. Unit Definition(s): One unit equals one hour of attorney time by the
Prosecutor or his/her designees for all services outlined in the Agreement
on proceedings, trainings, or meetings involving the abuse/neglect of
children.
4. Units: The maximum number of units of service to be provided per term of
Agreement shall be: 51,506
From the total amount, the maximum number of units that may be
expended during the following periods is:
Fiscal Year Maximum Number of Units
April 1, 2009 through December 31, 2009 22,074
January 1, 2010 through December 31, 2010 29,432
D. Evaluation Reporting Requirements
The Contractor shall submit to DHS monthly reports that indicate the status and
effectiveness of activities performed under this Agreement as indicated by the
number of units utilized each month.
E. Audit Requirements
Subreciplent Relationship
This Agreement constitutes a subreciplent relationship with DHS. The Contractor
is required to comply with all federal regulations that are related to the accounting
and auditing of the federal award used to fund this Agreement. This includes, but
is not limited to, compliance with OMB Circular A-133.
Regulations applicable to funding sources are included in the Catalog of Federal
Domestic Assistance (CFDA), The CFDA number and federal financial
participation (FFP) rate DHS plans to use for this Agreement are:
However, DHS may change the CFDA number and/or FFP rate during the course
of this agreement. CFDA numbers and FFP rates for this agreement shall be
posted quarterly on the DHS website. The Contractor is required to check the
website to obtain up to date information.regarding the CFDA numbers.
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CM-Fl 92 (9-07) MS Word
The Contractor shall consult the following website to obtain CFDA numbers,
payments, program updates, and other audit information:
htin://www.mdhs.state.mi.us/OINCFDA-FFP-New.asp
DHS agrees to participate in audit cost related to the audit as described in other
sections of this contract.
Reporting Requirements
The Contractor must immediately report to the DHS Audit Liaison accounting
irregularities including noncompliance with contract provisions.
If the Contractor is required per OMB Circular A-133 to have a Single Audit
perforrned, the Contractor must submit the Reporting Package and an Audit
Transmittal Letter to the DHS Audit Liaison at the address that follows and in
accordance with the time frame established in the Circular.
Reporting Package includes:
1. Financial statements and schedule of expenditures of federal awards
2. Summary schedule of prior audit findings
3. Auditor's report(s) _
4. Corrective action plan, if applicable
Audit Transmittal Letter
The Contractor is responsible to identify in the Audit Transmittal Letter all
organizations it operates that administer DHS subrecipient programs and the
different names the Contractor may use to contract with DHS. The Contractor is
responsible for proper completion and submission of the Audit Transmittal Letter.
This letter, to be accurately processed by DHS, must include the following
information:
1. Contractor's name as reported in the DHS contract(s)
2. Contractor's Federal Identification number(s) as reported in the DHS
contract(s)
3. Contractor's fiscal year end
4. Identification of other name(s) and other Federal identification number(s)
used by the Contractor
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CM-Fl 92 (9-07) MS Word
If a Single Audit is not required per OMB Circular A-133, the Contractor must still
submit an Audit Transmittal Letter stating why a Single Audit was not required
and the Contractor's fiscal year to which the letter pertains. The Audit Transmittal
Letter should include items stated in the section, "Audft Transmittal Letter,"
described below. The letter may be mailed to the address below or FAX to (517)
373-8771.
Mailing address for all information:
Michigan Department of Human Services
Audit Liaison
235 S. Grand Ave. Suite 1112
Lansing, MI 48909
Attention: William Addison, CPA
If the Contractor is a subrecipient of OHS, but asserts it is not required to have a
Single Audit performed, the Contractor shall submit an audit transmittal letter to
the OHS Audit Liaison stating the reason the Single Audit is not required. Failure
by the Contractor to submit the transmittal letter shall result in invoking the same
sanctions on the Contractor as failure to submit the Single Audit report.
Audit Cost
Cost of the Single Audit can only be charged to this Agreement ft there is a
provision within this Agreement that allows payment for the Single Audit cost. No
audit cost may be charged to this Agreement if the Contractor is not required by
the federal requirements to have a Single Audit
No audit costs may be charged to DHS when audits required by this Agreement
have not been performed or have not been performed in accordance with OMB
Circular A-133 requirements. Late submission (as defined in OMB Circular A-133)
of the Single Audit report and/or Audit Transmittal Letter is considered non-
compliance with this section and may be grounds to impose sanctions.
Sanctions
DHS may impose sanctions if the Contractor fails to adhere to any of the audit
requirements in this Agreement, including the audit transmittal letter. In cases of
continued inability or unwillingness on the part of the contractor to comply with
audit requirements, DHS may impose sanctions such as:
1. Withholding a percentage of federal awards until the audit is completed
satisfactorily.
2. Withtrolding-crdi-allowing overhead costs.
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CM-F12 (9-07) M5 Word
3. Suspending federal awards until the audit is conducted.
4. Terminating the federal await.
5. Recouping all federal payments Made to the Contractor under this or any
other agreements between OHS and the Contractor.
F. Client Records
For each eligible client served under this Agreement, the Contractor shall
maintain client case records consisting of:
-OHS provided forms which certify eligibility.
-Date of contact with client.
-Problem identification.
-Methods of service delivery.
-Signfroart-mintacts with client and significant events.
-Other material as may be specified by DHS.
G. Service Documentation
The Contractor agrees to maintain program records required by DHS, program
statistical records required by DHS, and to produce program narrative and
statistical data at times prescribed by, and on forms furnished by DHS.
H. Fiscal Requirements
The Contractor shall maintain a record system that documents the total number of
units of service as defined in this Agreement and delivered during the term of this
Agreement. These records shall also document the specific units billed to OHS
under this Agreement.
I. Billing Method
The Unit Rate Billing Method shall be used in claiming reimbursement under this
Agreement. If this Agreement includes travel costs, including mileage, meals, and
lodging, OHS shall reimburse the Contractor at State of Michigan (SOM) premium
established rates or the Contractors usual travel reimbursement rate for
employees whichever is less. Current SOM premium rates may be obtained at
the following website:
http://wvvw.michigan.govidmb/0,1607,7-150-9141 _13132--.00.html
The Contractor can not charge DNS. more for a provision of service than is
charged to other entities for whom the Contractor provides services.
J. Billing Procedure
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CM-F1 92 (9-47) MS Word
Rate
$44.25
The Contractor shall submit a monthly "Statement of Expenditures", DHS-3469,
to DHS along with a monthly activity report. The DHS-3469 shall accurately
represent the units of service delivered, the reimbursement rate by type of service
and, the total amount being claimed. The total number of units (by service type)
for each bill must be rounded down to the nearest whole or tenth of a unit. The
DHS-3469 shall be submitted to DHS within thirty (30) days from the end of
monthly billing period. For the month of September, billings shall be submitted as
reasonably directed by the contract administrator to meet fiscal year end closing
deadlines, In no event shall DHS make payment to the Contractor for billings
submitted more than 90 days after the end of a billing period.
Obligations incurred prior to or after the period covered by this Agreement shall
be excluded from the Contractor's monthly invoices. The unit rate(s) established
in this Agreement shall remain fixed for the entire period of the Agreement.
II. DHS RESPONSIBILITIES
A. Payment
DHS shall make payments to the Contractor within forty-five (45) days after
receipt by OHS of the Contractor's monthly Statement of Expenditures OHS-
3469, based upon the following rates per unit of services delivered:
For the COUNTY OF OAKLAND, the initial reimbursement rate will be 26.1 % of
total billings. Quarterly DHS will review the TITLE IVE eligibility standard for the
County and notify the Contractor of the results of the review and any change in
the reimbursement.
Unit Title
Legal Services
B. Maximum Amount of Agreement
DHS hereby agrees to pay the Contractor an amount not to exceed Five Hundred
Ninety Four Thousand Eight Hundred and Thirty Four Dollars ($594,834.00.00)
for services performed in accordance with the terms of this Agreement exclusively
during the period April 1, 2009 to December 31, 2010.
From the total amount, the maximum amount that may be expended during the
following periods is:
Fiscal Year Contract Amount
April 1, 2009 through December 31, 2009 $254,940.00
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CM-F192 {9-07) MS Wand
January 1,2010 through December 31, 2010 $339,894.00
C. Evaluation Criteria
The services provided by the Contractor under this Agreement shall be evaluated
by DHS on the basis of the following criteria:
1. Contractor shall perform all services listed in section IE of this contract,
2. Contractor shall be evaluated by local DHS staff and/or 01-IS contracted
staff through surveys or other assessment tools.
III. GENERAL PROVISIONS — PUBLIC
A. Conclusion. Termination, and Cancellation Terms
1. DHS' Source of Funds-Termination
DHS' payment of Federal or State funds for purposes of this Agreement is
subject to and conditional upon the availability of those funds for such
purposes. No commitment is made by OHS to continue or expand activities
covered by this Agreement. Funding for services to be provided beyond the
end of the initial State fiscal year is dependent on legislative appropriation.
DHS may terminate this Agreement immediately upon written notice to the
Contractor at any time prior to the completion of this Agreement if, in the
sole discretion of DHS, funding becomes unavailable for this service or such
funds are restricted,
2. Cancellation of Agreement
OHS may cancel this Agreement upon thirty days written notice if DHS
determines that the Contractor, its agent, or its representative has offered or
given a gratuity, kickback, money, gift, or anything of value to an officer,
official, or employee of the State to obtain a contract or favorable treatment
under a contract. By signing this Agreement, the Contractor hereby certifies
that no funds have been given to any state officer, official, or state employee
for influencing or attempting to influence such officer, official, or employee of
the State.
Except as indicated below, DHS may cancel this Agreement without further
liability to DHS or its employees by giving the Contractor written notice of
such cancellation thirty days prior to the date of cancellation. The Contractor
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CM-F12 (9-07) MS Word
may terminate this Agreement upon thirty days written notice to DHS at any
time prior to the completion of the Agreement period.
In case of default by the Contractor, DHS may immediately cancel this
Agreement without further liability to OHS or as employees, and procure the
services from other sources.
In addition, DHS may immediately cancel this Agreement without further
liability to DHS or its employees if the Contractor, an officer of the
Contractor, or an owner of a 25% or greater share of the Contractor is
convicted of a criminal offense incident to the application for or performance
of a State, public, or private contract or subcontract; or convicted of a
criminal offense including but not limited to any of the following:
embezzlement, theft, forgery, bribery, falsification or destruction of records,
receiving stolen property, attempting to influence a public employee to
breach the ethical conduct standards for State of Michigan employees;
convicted under State or Federal antitrust statutes; or convicted of any other
criminal offense which, in the sole discretion of DHS, reflects on the
Contractors business integrity.
B. Closeout Responsibilities
1. Closeout
When this Agreement is concluded or terminated, the Contractor shall
provide DHS, within thirty (30) days of conclusion or termination, with all
financial, performance and other reports required as a condition of the
Agreement. OHS shall within the limit of this Agreement reimburse the
Contactor for allowable costs not previously reimbursed. The Contractor
shall immediately refund to OHS any payments or funds advanced to the
Contractor in excess of allowable reimbursable expenditures.
2. Fixed Assets
OHS reserves the right to obtain or transfer title to all fixed assets, real or
personal, included in the approved budget of this Agreement, billed in full or
in part to OHS by the Contractor, and not fully utilized at the conclusion of
the Agreement. Fixed asset costs billed to OHS shall be limited to straight-
line determination or a use charge pre-approved by OHS and shall be used
only for the performance of the Agreement unless another use is authorized
in writing by OHS.
At least 30 days prior to the end date of this Agreement (which includes
cancellation of the Agreement) the Contractor shall report to DHS the book
value of all fixed assets and non-consumebies 7,„rtrh299(1 with 1)HS funds
CM-F192 (9-07) MS Word
and request written instructions regarding the disposal of these fixed assets
and consumable and/or non-consumable supplies that have been acquired
with funds under this Agreement. Any gain on the sale or disposition of fixed
assets before completion of this Agreement must be immediately reported
and refunded to DHS.
No disposal, sale or transfer of fixed assets obtained under this contract in
whole or part, may occur without the express written consent of DRS.
Continuing Responsibilities
Termination, conclusion, or cancellation of this Agreement shall not be
construed as terminating the ongoing responsibilities of the Contractor or
rights of DHS contained in Section III, "Examination and Maintenance of
Records" and Section 111, "Closeout" of this Agreement.
C. Compliance with Rules and Regulations
1. Compliance with Federal and State Requirements
The Contractor shall comply with all Federal, State and local statutes,
regulations and administrative rules, and any amendments thereto, as they
may apply to the performance of this Agreement. This shall include, but
shall not be limited to, those laws and regulations that could have a material
effect on the Federal program.
In addition, the Contractor shall comply with all federal grant Agreements,
provisions stated within the Catalog of Federal Financial Assistance, and
state and federal laws and other rules and regulations related to this funding
source.
The Contractor shall comply with the following Federal Office of
Management and Budget circulars:
. A-87 for cost principles, Relocated to 2 CFR, Part 225
. A-102 for administrative requirements, and
. A-133 for audit requirements
The Contractor shall keep informed of federal, state, and local laws,
ordinances, rules, regulations, orders, and decrees of bodies or tribunals
having any jurisdiction/authority that in any manner affects those engaged in
or employed on the work done under this Agreement or that in any manner
affects the conduct of the work done under this Agreement.
2. Civil Service Rules and Regulations
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CM F192 (9-07)M5 Word
The State of Michigan is obligated to comply with Article XI, Section 5, of the
Michigan Constitution and applicable civil service rules and regulations.
Other provisions of this Agreement notwithstanding, the State personnel
director is authorized to disapprove contractual disbursements for personal
services if the State personnel director determines that the contract violates
Article XI, Section 5 of the Michigan Constitution or applicable civil service
rules and regulations.
3, Compliance with Civil Rights, Other Laws
The Contractor shall not discriminate against any employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of
employment, or a matter directly or indirectly related to employment,
because of race, color, religion, national origin, age, sex, height, weight or
marital status pursuant to 1976 Public Act 453, Section 209. The Contractor
shall also comply with the provisions of the Michigan Persons with
Disabilities Civil Rights Act, 1976 Public Act 220, as amended (M.C,L.
37.1101 et. sec.) and Section 504 of the Federal Rehabilitation Act of 1973,
P.L. 93-112, 87 Stat. 355, which states that no employee or client or
otherwise qualified handicapped individual shall, solely by reason of this
handicap, be excluded from participation, be denied the benefits of, or be
subjected to discrimination under any program or activity receivin6 Federal
financial assistance. Further, the Contractor shall comply with the
Americans with Disabilities Act of 1990 (ADA), P.L. 101-336, 104 Stat. 327,
which prohibits discrimination against individuals with disabilities and
provides enforcement standards. The Contractor shall comply with all other
Federal, State or local laws, regulations and standards, and any
amendments thereto, as they may apply to the performance of this
Agreement.
4. Freedom of Information Act
All information in this Agreement is subject to the provisions of the Freedom
of Information Act. 1976 Public Act 442, as amended, MCL 15.231, et seq.
5. Prohibition aoainst Usina Funds to Support Religious Activities
The Contractor shall not use financial funds administered by the State or
Federal government to support" inherently religious activities, such as
worship, religious instruction, or proselytization. If the Contractor engages in
such activities, it must offer them separately, in time or location, from the
programs or services funded with State or Federal assistance, and
participation must be voluntary for the beneficiaries of the State or federally
funded pronrarns or services.
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The Contractor shall follow guidelines in 42 USC 604a,
D. Fees and Other Sources of Funding
The Contractor guarantees that any claims made to OHS under this Agreement
shall not be financed by any source other than DHS under the terms of this
Agreement If funding is received through any other source, the Contractor
agrees to deduct from the amount billed to OHS the greater of either the fee
amounts, or the actual costs of the services provided.
The Contractor may not accept reimbursement from a client unless the
Agreement specifically authorizes such reimbursement in the "Contractor
Responsibility" section. In such case, a detailed fee scale and criteria for charging
the fee must be included. If the Contractor accepts reimbursement from a client in
accordance with the terms of the Agreement, the Contractor shall deduct these
fees from billings to DHS.
Other third party funding sources, e.g., insurance companies, may be billed for
contracted client services. Third party reimbursement shall be considered
payment in full unless the third party fund source requires co-pay, in which case
DHS may be billed for the amount of the co-pay. No supplemental billing is
allowed.
E. Confidentiality
The use or disclosure of personally identifying information concerning services,
applicants or recipients obtained in connection with the performance of this
Agreement shall be restricted to Purposes directly connected with the
administration of the programs implemented by this Agreement. Disclosure shall
be made only when required by federal and state laws, including HIPM, rules
and regulations, court orders and subpoenas, or subpoenas issued by a grand
jury. Such disclosures must conform to all state and federal confidentiality
provisions.
F. Examination and Maintenance of Records
The Contractor shall permit OHS or any of its authorized agents access to the
facilities being utilized at any reasonable time to observe the operation of the
program. Further, the Contractor shall retain all books, records or other
documents relevant to this Agreement for six years after final payment, at the
Contractors cost. Federal auditors and any persons duly authorized by DI-IS shall
have full access to and the right to examine and audit any of said material during
said period. If an audit is initiated prior to the expiration of the six-year period and
extends past that period, all documents shall be maintained until the audit is
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completed. DHS shall provide finding and recommendations of audits to the
Contractor. DHS shall adjust future payments or final payment if the findings of an
audit indicate over payment to the Contractor in any period prior to the audit. If no
payments are due and owing the Contractor, the Contractor shall refund all
amounts which may be due DHS within 30 days notice by DHS. The Contractor
shall assure, as a condition of any sale or transfer of ownership of the Contractor
agency, that the new purchasers or owner maintains the above-described books,
records or other documents for any unexpired portion of the six-year period after
final payment under this Agreement or the Contractor shall otherwise maintain
said records as DHS may direct. If business operations cease, the Contractor
shall maintain records as OHS may direct. The Contractor shall notify OHS when
and if the Contractor operations cease during the six-year period after final
payments and provide for appropriate storage of records at the Contractor's
expense.
The Contractor shall, as a provision of the Agreement between the Contractor
and the auditor, assure that DHS may make reasonable inquiries of the auditor
relating to audit workpapers and, furthermore, that DHS may review the auditor's
workpapers in support of the audit.
G. Reporting and Monitoring
1, Reporting
The Contractor shall comply with all program and fiscal reporting
procedures as are or may hereinafter be established by OHS. The
Contractor shall also comply with all reporting procedures established by
OHS in completion of progress reports at time intervals, on forms, in
formats, and by means specified by DHS. In particular, reports or billing
documents denoting event dates shall record month, day and year as
specified by DHS. In all electronic filings, four digits shall be used to
designate century. Any additiongl reports as deemed necessary by DHS
shall be made and submitted by the Contractor upon request.
2. Monitoring Requirements
OHS reserves the right to perform unscheduled on-site visits during normal
business hours, to monitor the Contractor's activities under this Agreement
at any time, either during the term, or within one year after termination of the
Agreement. The Contractor shall eooperate with DHS during the monitoring
process by making available all records, facilities, and other resources
necessary to perform the review.
If DHS detects noncompliance with this Agreement, and/or questioned
costs during the course of its review, these items shall be identified and
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conveyed to the Contractor in an exit conference. DHS shall provide the
Contractor with a detailed written report of these findings within thirty (30)
days of the exit conference. The Contractor is required to address each item
in DHS' report by providing a Corrective Action Plan (CAP) to eliminate or
correct each issue of noncompliance. The Contractor shall submit the
Corrective action plan to DHS within thirty (30) days from issuance of DHS'
report.
If DHS identifies questioned costs that cannot be substantiated, DHS may,
at its discretion, and after consultation with the Contractor, require the
Contractor to submit revised DHS-3469, "Statement of Expenditures" to
reflect adjustment for disallowed costs. Submission of revised billings to
DHS shall be made within a time schedule established by DHS and the
Contractor, If the Contractor fails to comply with monitoring requirements as
set forth in this Agreement, and within allotted time frames mutually
established, DHS may, at its discretion, invoke sanctions on the Contractor,
which may include, but are not limited to, actions to collect disallowed costs
and/or cancellation of the Agreements.
The Contractor shall complete and sign an annual monitoring questionnaire
for this Agreement within 90 days of the begin date of the Agreement and
yearly thereafter. The Contractor can locate the questionnaire at
www.michigan.gov/dhs by clicking on 'Doing Business with OHS", then
"Contractor Resources", then "Forms and Publications." The Contractor
shall submit the questionnaire to the DHS office to which billings are
submitted. If the Contractor bills electronically, the contractor shall submit
the completed and signed questionnaire to the DHS office where this
Agreement was initiated. The Contractor shall assure that an individual with
program oversight responsibility 'within the Contractor organization signs
each questionnaire. OHS shall suspend its authorization and payment of
billings if the Contractor fails to submit the questionnaire in a timely manner.
Billing authorization and payment shall not be resumed until the Contractor
has complied with the requirement. Continued failure on the part of the
Contractor to submit the questionnaire may result in termination of this
Agreement.
3. Audit Reports that Contain a Goirie Concern Statement
If an audit firm conducts an audit of the Contractor and issues an audit
report with a finding of a Going Concern, the Contractor must submit this
audit report to the DHS Office of Internal Audit within 10 days from the date
of the audit report. The submission of this audit report to OHS is required
regardless of whether an audit is required under this Agreement.
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A Contractor receiving a Going Concern must submit a financial plan to the
OHS Office of Internal Audit no later than 25 days from the date of the audit
report issued by the audit firm. The financial plan must be approved by
DHS. Failure of the Contractor to either timely submit the audit report with
the Going Concern, or timely submit a financial plan, or DHS' rejection of
the Contractors financial plan, are grounds for immediately terminating the
contract.
Mailing address for all audit information:
Michigan Department of Human Services
Office of internal Audit
235 S. Grand Ave., Suite 1112
Lansing, MI 48909
Attention; William Addison, CPA
H. Recoupment of Funding and Repayment of Debts.
1. Recoupment of Funding
If the Contractor fails to comply with monitoring requirements as set forth in
this Agreement, or fails to submit a revised DNS-3469, "Statement of
Expenditures" within allotted' time frames established by OHS in
consultation with the Contractor, OF -IS may, at its discretion, recoup or
require the Contractor to reimburse payments made under this Agreement
which OHS has determined that the Contractor has been overpaid. The
Contractor is liable for any cost incurred by OHS in the recoupment of any
funding.
Upon notification by DHS that repayment is required, the Contractor shall
make payment directly to DHS within 30 days or OHS may withhold current
or future payments made under this or any other Agreements. current or
future, between DHS and the Contractor.
If the Contractor fails to; (1) correct noncompliance activities identified by
OHS, (2) submit revised billings as requested as part of a Corrective Action
Plan when required; or (3) remit overpayments or make arrangements to
have the overpayments deducted from future payments within 30 days,
such failure shall constitute grounds to terminate immediately any or all of
DHS' Agreements with the Contractor. DHS shall also report
noncompliance of the Contractor to Michigan's Department of Management
and Budget. Such report may result in the Contractor's debarment from
further contracts with the State of Michigan.
2. Repayment of Debts and Other Amounts due )HS
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By entering into this Agreement, the Contractor agrees to honor all prior
repayment Agreements established by DHS with the Contractor or
Contractor's predecessors. If the Contractor has an outstanding debt due to
DHS but does not have a repay Agreement, the Contractor agrees to make
monthly payments to DHS at .an amount not less than 5% of any
outstanding balance and to begin on the date this Agreement is executed.
If the Contractor fails to honor prior repayment Agreements, or the
Contractor fails to begin repayment on an obligation due DHS that is not
subject to a repayment Agreement, DHS will initiate the administrative
process to reduce payments to the Contractor under this Agreement to
recoup the debt. The payment reduction will be made at the amount
originally established in the repayment Agreement or at an amount not less
than 5% of any outstanding balance effective on the date this Agreement is
executed.
I. Publication - Approval and Co_pyridht
The State of Michigan shall have copyright, property and publication rights in all
written or visual material or other work products developed in connection with this
Agreement. The Contractor shall not publish or distribute any printed or visual
material relating to the services provided under this Agreement without prior
written permission of the State of Michigan.
If the Contractor or an agent of the Contractor creates and/or reproduces under
this Agreement materials which are developed for consumption by the general
public or as a general information tool and which are funded in whole or in part
with State of Michigan funds, the Contractor or its agent must include one of the
statements referenced below, as they apply:
• This program is funded by the State of Michigan or
• This program is funded in part by the State of Michigan
News releases (including promotional literature and commercial advertisements)
pertaining to this Agreement shall not be made without prior written DHS
approval, and then only in accordance with the explicit written instructions from
OHS. No results of the activities asSociated with the Agreement are to be
released without prior written approval of DHS and then only to persons
designated.
J. Subcontracts
The Contractor shall not assign this Agreement or subcontract this Agreement to
other parties without obtaining prior .written approval of the DHS Office of
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Contracts and Rate Setting. DHS, as a condition of granting such approval, shall
require that such assignees or subcontractors shall be subject to all conditions
and provisions of this Agreement including Criminal Record and Central Registry
background checks when applicable. The Contractor shall be responsible for the
performance of all assignees or subcontractors.
If subcontracting, the Contractor must obligate the subcontractors to maintain the
confidentiality of DHS' client information in conformance with State and Federal
requirements. At DHS' request, any employee of the Contractor and of any
subcontractor having access or continued access to DHS' confidential information
may be required to execute an acknowledgment that the employee has been
advised of the Contractors and the subcontractor's obligations under this section
and of the employee's obligation to OHS, the Contractor or subcontractor, as the
case may be, to protect such confidential information from unauthorized use of
disclosure.
Disputes
The Contractor shall notify OHS in writing of intent to pursue a claim against OF-IS
for breach of any terms of this Agreement. No suit may be commenced by the
Contractor for breach of this Agreement prior to the expiration of ninety (90) days
from the date of such notification. Within this ninety (90) day period, the
Contractor, at the request of OHS, must meet with the Director of DHS or
designee for the purpose of attempting resolution of the dispute.
L. Aareement Inclusiveness/Amendment -
This Agreement contains all the terms and conditions agreed upon by the parties.
No other understanding, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto. The
Contractor shall, upon request of DHS and receipt of a proposed amendment,
amend this Agreement, if and when required in the opinion of DHS, due to the
revision of Federal or State laws or regulations. If the Contractor refuses to sign
such amendment within frfteen (15) days after receipt, this Agreement shall
terminate upon such refusal. This Agreement may otherwise be amended only by
the written consent of all the parties hereto.
M. Reporting of Retiree Employment
All other contract provisions notwithstanding, no reimbursement may be claimed
under this Agreement for salary or subcontracting expense for any employee who
retired from the State of Michigan using the early retirement program authorized
by 2002 Public Act 93.
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The Contractor shall provide written notification within fifteen (15) days of hiring to
DHS Office of Contracts and Rate Setting (OCRS) the name, social security
number, and work site of any employee who retired from the State of Michigan
using the eady retirement program authorized by 2002 Public Act 93. Failure to
notify the OCRS within the allotted time period may result in the disallowance of
all costs related to this Agreement up to the time the proper notification is
received by OCRS.
N. Certifications Regarding Lobbying
As required by section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative Agreement over
$100,000, as defined at 28 CFR Part 69, the Contractor certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any persons influencing or attempting to
influence an officer or employee of an department, a member of Congress,
an officer or employee of Congress, or an employee of a member of
Congress in connection with the making of any Federal grant, the entering
into of any cooperative Agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative
Agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any department, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with this Federal grant or cooperative Agreement, the
undersigned shall complete and submit Standard form — LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including
sub-grants, contracts under grants and cooperative Agreements, and
subcontracts) and that all subrecipients shall certify and disclose
accordingly.
0. cAariatiLID RI5galarld Debarment. .Susoension, and Other Responsibilit
Matters
The Contractor certifies that they and their principals:
1. Are not presently debarred, suspended. proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal
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court, or voluntarily excluded from covered transactions by any Federal or
State department or agency.
2. Have not within a three-year period preceding this Agreement been
convicted of or had civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, 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 for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in 28 CFR 67, et sec.
4. Have not within a three-year period preceding this Agreement had one or
more public transactions (Federal, State or local) terminated for cause and
default,
Where the parties are unable to certify to any of the statements in this
certification, the Contractor shall attach an explanation to this Agreement.
The Contractor shall promptly notify DHS of any criminal litigation, investigations
or proceeding which may have arisen or may arise involving the Contractor or any
of the Contractor's subcontractors, or any of the foregoing entities' then current
officers or directors during the term of this Agreement and three years thereafter.
All notices shall be provided in writing to DHS within fifteen business days after
the Contractor learns about any such criminal or civil investigations and within
fifteen days after the commencement of any proceeding, litigation, or arbitration,
as otherwise applicable. Details of settlements, which are prevented from
disclosure by the terms of the settlement, shall be annotated as such. However,
the Contractor shall disdose if any terrns of such settlement would impede the
Contractor's performance of this Agreement. The Contractor may rely on similar
good faith certifications of its subcontractors, which certification shall be available
for inspection at the option of OHS.
The Contractor certifies to the best of its knowledge that within the past three (3)
years, the Col iii actor has not,
1. Failed to substantially perform a state contract or subcontract according to
its terms, conditions, and specifications within specified time limits.
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2. Refused to provide information or documents required by a contract
including, but not limited to information or documents necessary for
monitoring contract performance,
3. Failed to respond to requests for information regarding contract compliance,
or accumulated repeated substantiated complaints regarding performance
of a contract.
4. Failed to perform a state contract or subcontract in a manner consistent with
any applicable state orfederal law, rule, regulation, order, or decree.
The Contractor shall include Section 0. (Certification Regarding Debarment,
Susorsion. and Other Responsibility Matters) language as written above in all
subcontracts with other parties.
The Contractor shall require each primary subcontractor, whose subcontract will
exceed $25.000, to disclose to the Contractor, in writing, whether at of the time of
the award of the subcontract, the subcontractor, or its principals, is or is not
debarred, suspended, or proposed for debarment by the State of Michigan. The
Contractor shall then inform DHS of the subcontractor's status and reasons for
the Contractor's decision to use such subcontractor, if the Contractor so decides.
If it is determined that the Contractor knowingly rendered an erroneous
certification under this provision, in addition to the other remedies available to the
state, DHS may immediately terminate this Agreement.
If the state finds that grounds to debar exist, it shall send notice to the Contractor
of proposed debarment indicating the grounds for proposed debarment and the
procedures for requesting a hearing. If the Contractor does not respond with a
written request for a hearing within twenty (20) calendar days, the state shall
issue the decision to debar without a hearing. The debarment period may be of
any length up to eight (8) years. After the debarment period expires, the
Contractor may reapply for inclusion on bidder lists through the regular application
process by authority of Executive Order 2003-1.
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.Z.L4 Witness:
ft .
IN WITNESS WHEREOF, the DHS and the Contractor have caused this Agreement to be
executed by their respective officers duly authorized to do so.
The Undersigned has the lawful authority to bind the Contractor to the terms set forth in this
Agreement.
Dated at 7/ c-t/ 477 , Michigan County of Oakland
(Contractor)
this (/' day of , By.. ‘---fig2Aelf.f.
Dated at
this day of
Witness:
, Michigan DEPARTMENT OF HUMAN SERVICES
By:
Director
Contract #: PROFC-09-63001
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FY 2009 FY2010
Federal Operating Grant $ 84,980 $ 169.947
State Operating Grant $ 84,980 $ 169,947
$ 169,960 $ 339,894
Budget Transition
$ 169,960 $ 339.894
$ 169,960 $ 339,894
60
FISCAL NOTE (KISC. #09106) May 7. 2009
BY: Finance Committee, Torn Middleton, Chairperson
IN RE: PROSECUTING ATTORNEY — 2009-2010 TITLE IV-E CLIENT SERVICES CONTRACT PROFC
(CM-F192) — UNIT RATE - CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI I-C of this Board, the Finance Committee has reviewed the above referenced resolution
and finds:
1. The Michigan Department of Human Services (OHS) has entered into contract with the
Oakland County Office of Prosecuting Attorney to provide legal consultation regarding the
abuse/neglect of children cases, court proceedings, establishment of protocol, petition
information, and periodic strategy and training meetings with DHS staff for the period of April
1, 2009 through December 31, 2010.
2. The DHS has agreed to pay the Prosecutor's Office for legal services a total of $594,834
over two years; with $254,940 to be paid for the time period of April 1, 2009 through
December 31, 2009, and $339,894 for the time period of January 1, 2010 through December
31, 2010.
3. The contract will be funded through Title IV-E pass through funds.
4. There is no County match requirement; the existing staff at the Prosecutor's Office that
currently represents DI-IS will continue to do so under this contract, requiring no additional
staff or commitment of other resources by the County.
5. A budget amendment is recommended as follows:
GENERAL FUND (#10100)
Revenue
4010101-122050-610313
4010101-122050-615571
Total General Fund Revenues
Expenses
4010101-122050-740023
Total General Fund Expenses
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
•
5.
Resolution #09106 May 7, 2009
Moved by Middleton supported by Jackson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Capella, Coleman, Coulter. Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett. Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Runestad, Schwartz, Scott,
Woodward, Zack, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOING RESOLUTION
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 May 7,
2009, 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 7th day of May, 2009.
ede
Ruth Johnson, County Clerk