HomeMy WebLinkAboutResolutions - 2009.09.02 - 9941September 2, 2009
MISCELLANEOUS RESOLUTION #09184
BY: Finance Committee. Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY — INTERLOCAL AGREEMENT
BETWEEN OAKLAND COUNTY AND NORTHVILLE TOWNSHIP FIRE DEPARTMENT FOR THE
FIRE RECORDS MANAGEMENT SYSTEM
TO OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson. Lathes and Gentlemen:
WHEREAS the Oakland County Board of Commissioners approved the acquislion of the Fire
Records Management System in Miscellaneous Resolution #99309: and
WHEREAS the purpose of the Fire Records Management System is to capture and create
fire records from the inception of a 9-1-1 call. to include the additional computer-aided dispatch
information, and complete the recording in a stancard records management system. promoting
communication and the sharing of fire records among the municipalities that participate, and
WHEREAS the Department of Information Technology, the Department of Corporation
Counsel. and the Fire Governance Committee have developed a Fire Records Management System
Interloc.-al Agreement setting forth the rights and obligations of the County and the municipalities
participating in tne Fre Records Management System; and
WHEREAS the Oakland County Board of Commissioners authorized the execution of the
attacned Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045: and
WHEREAS Northvide Township Fire Department would like to participate in the Fire Records
Management System beginning September 1, 2009 and will be responsible for the following annual
fees (prorating 1 month access for FY 2009):
- $4.902 annual department fee
- $1.401 annual additional station fee ($1.401 for each fire station beyond
the first): and
WHEREAS the addition of the Northvii)e Township Fire Department will require the purcnase
of two additional software licenses at $2.800 each and increase the annual software maintenance by
$560 for each license; and
WHEREAS an invoice shall be submitted to the Northville Township Fire Department to
include the reimbursement cf software license and maintenance purchases due under this
agreement
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Chairperson of the Boaro of Commissioners to sign the attached Fire Records
Management System Interlocal Agreement with Northville Township Fire Department
BE IT FURTHER RESOLVED that the Fire Records Management System Fune for FY 2009
budget be amended as specified below and the FY 2010 — FY2012 budgets will be amended during
the budget hearing process.
Fire Records Management Fund (53100)
Revenue
1080325-115100-631460 Participation Fees
Total FRMS Fund Revenue
Expenditures
1080325-115100-731773 Software Purchase
Total FRMS Fund Expense
FRMS—Estirnated Change in Fund Equity
FY 2009
$ 6,125
$ 6,125
$ 5.600
$ 5,690
525
Chairperson. on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
I-
Finance Committee Vote:
Motion carried unanimously on a roll call vote with Zack absent
FIRE RECORDS MANAGEMENT AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
NORTHVILLE TOWNSHIP FIRE DEPARTMENT
This Agreement ("the Agreement") is made between Oakland County, a Constitutional
and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"),
and the Northville Township Fire Department, 45745 Six Mile Rd, Northville, MI
48168 ("CVT”). In this Agreement the County and the CVT may also be refetrecl to
individually as "Party" or jointly as 'Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967
PA 7, MCL 124.501 et seq.., the County and the CVT enter into this Agreement for the
purpose of providing the CVT with access and connectivity to the Fire Records
Management System ("FRMS"). FRMS is intended to capture and create Ere records
from their inception at a 9-1-1 call and continuing the record to include the computer
aided dispatch information resulting with a standard records management system. FRMS
promotes communication and sharing of fire records among the entities that participate.
The entities that participate in FRMS will enjoy the benefits of a single system, common
standards, and costs shared through a cooperative relationship with the County. This
Agreement is intended to delineate the relationship and responsibilities between the
County and the CVTs regarding FRMS.
In consideration of the mutual promises, obligations, representations, and assurances in
this Agreement, the Parties agree to the following:
1. ENTIBES PERFORMING UNDER THIS AGREEMENT. All County services
and obligations set forth in this Agreement shall be provided through the County's
Department of Information Technology. All CVT's services and obligations set forth
in this Agreement shall be performed by Northville Township Fire Department.
The Fire Governance Committee will provide direction, counsel, and
recommendations concerning the operation of FRMS.
2. DEFINITIONS. The following words and expressions used throughout this
Agreement, whether used in the singular or plural, within or without quotation marks,
or possessive or nonpossessive, shall be defined, read, and interpreted as follows.
2.1. Agreement means the terms and conditions of this Agreement, the Exhibits
attached hereto, and any other mutually agreed to written and executed
modification, amendment, addendum, or change order.
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2.2. Claim means any alleged loss, claim, complaint, demand for relief or
damages, cause of action, proceeding, judgment, deficiency, liability, penalty,
fine, litigation, costs, and/or expenses, including, but not limited to,
reimbursement for reasonable attorney fees, witness fees, court costs,
investigation expenses, litigation expenses, and amounts paid in settlement,
which are imposed on, incurred by, or asserted against the County, its
employees or agents, whether such Claim is brought in law or equity, tort,
contract, or otherwise.
2,3. County means Oakland County, a Municipal and Constitutional Corporation
including, but not limited to, all of its departments, divisions, the County
Board of Commissioners, elected and appointed officials, directors, board
members, council members, commissioners, authorities, committees,
employees, agents, volunteers, and/or any such persons' successors.
2.4. 12a means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
2.5. Ideal System Administrator means a person employed by the CVT and
designated by the head of the Northville Township Fire Department to
perform duties related to FRMS and act as a liaison between the CVT and the
County.
2.6. Fire Governance Committee ("FGC") means a committee comprised of
representatives from six fire departments, appointed by the Oakland County
Fire Chiefs' Organization that shall provide direction, counsel, and
recommendations concerning the operation of the Fire Records Management
System.
2.7. Fire Records Manaeement System ("HMS") captures and creates fire
records from their inception at a 94-1 call and continuos the record to include
the computer aided dispatch information resulting with a standard records
management system. FRMS promotes communication and sharing of fire
records among the entities that participate.
2.8. Oakland County MAN/WAN el OAKNET") means the Metropolitan Area
Network/Wide Area Network called OAKNET which is operated by the
County. The OAKNET links the CVT and the County allowing each to input
and access FRMS Data.
2.9. City. Vina2e, Township ("OTT") means the Northville Township Fire
Department, a Municipal and Constitutional Corporation including, but not
limited to, its Council, Board, any and all of its departments, its divisions,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, subcontractors,
volunteers, and/or any such persons' successors.
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3
3. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in
this Agreement., and applicable changes in law, the County shall carry out the
following:
3.1. The County shall provide the CVT with the media for the installation of the
software required to run FRMS.
3.2. The County shall use its best efforts to address failures of the FRMS 24 hours
a day, 7 days a week; failures include problems with the FRMS server,
software and OAKNET.
3.3. FRMS failures on workstations that are integrated into the CVT Local Area
Network must be reported to the Local System Administrator and CVT
technical support must make a good faith effort to diagnose such failures
before the County is contacted. In the event the County's assistance is
needed, the CVT technical support Must be available to assist the County to
resolve such failure.
3.4. The County shall provide training to the CVT and the Local System
Administrator(s) concerning FRMS.
3.5. The County shall monitor and audit the CVT's compliance with FRMS
security requirements set forth by the FGC. The County may conduct on-site
data audits and/or inspections at the CVT to monitor such compliance. The
monitoring and auditing of FRMS and OAKNET shall be performed
periodically at the discretion of the County, observing CVT policies regarding
on-site visit coordination and scheduling.
3.6. If the County receives a Freedom of Information Act ("FOIA") request
regarding information that the CVT entered into FRMS, the CVT will be
contacted as soon as possible and the FOIA request will be sent to Oakland
County Corporation Counsel. The CVT will be forwarded a copy of the FOIA
request and the County's response as soon as possible. The County may
disseminate any data contained on FRMS to any third party, unless prohibited
by law.
3.7. With respect to the performance of this Agreement, the County has the
authority to prioritize its resources, including but not limited to, employees,
agents, subcontractors, and equipment and determine when services will be
provided.
4. CVT RESPONSIBILITIES,
4.1. The CVT shall provide and is solely responsible for the costs associated with
the personal computer and printer for the Software to run FRMS. The
personal computer must have the following minimum specifications: Pentium
Class Machine, 32 m Ram, 50 nib free disk space, 15" monitor, keyboard,
mouse, 10/100 network interface card, and Windows 98, 2000 or XP.
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4
Windows ME is NOT supported. The personal computers must also have
Microsoft Word and Excel,
4.2, The CVT is responsible for all initial, re-occurring, and maintenance costs
associated with connecting from the fire station to the OAK.I',IET demark
point, as designated by the County, including, but not limited to, circuits,
routers, switches, and any related equipment
4.3. The head of the CVT shall designate at least one person to act as the Local
System Administrator for FRMS. The Local System Administrator will act as
a liaison between the CVT and the County and will be the first point of
contact for the CVT regarding FRMS. The Administrator's duties shall
include, but not be limited to, the following: (1) identifying FRMS training
needs; (2) scheduling FILMS training; (3) FRMS application training; (4)
monitoring use of FRMS applications with respect to security issues; (5) act as
a point of contact or facilitator for security audits conducted by the County;
and (6) assist in the implementation of new programs.
4.4. The CVT shall participate in FRMS training when requested and provided by
the County. The CVT shall pay for all costs associated with training not
provided by the County, The Local System Administrator shall receive
reasonable advanced notice of the FRIvIS training.
4.5. The CVT shall fully cooperate with the County concerning the County's
services under this Agreement.
4.6. The CVT may disseminate data that it entered into FRMS to any third party,
unless prohibited by law,
4.7. The CVT is solely responsible for entering data into FRMS for its jurisdiction.
4.8. The CVT shall solely ensure that the data entered into FR.MS is accurate and
complete. Accurate and complete means that the data does not contain
erroneous information, and/or that the CVT shall immediately correct
erroneous information upon discovery of any error. To ensure accurate and
complete data, the CVT shall conduct regular and systematic audits to
minimize the possibility of recording and storing inaccurate or incomplete
data. The CVT shall correct or purge inaccurate or incomplete data.
4.9. The CVT shall provide the County access to its facilities for periodic
inspection and service of FRMS, observing CVT policies regarding on-site
visit coordination and scheduling.
4.10. The CVT shall be responsible for all costs associated with moving such
equipment. The CVT shall be responsible for all costs associated with
changing, modifying, or moving FRMS connectivity. This section shall not
apply if the County requests that the CVT move equipment provided under
Page 4 2004-0466 Final - Out County FRMS Agreement
this Agreement or requests that the CVT change, modify, or move FRMS
connectivity.
5, VIRR COVFNANCE COMMITTEE RESPONSIBILITIES
5.1. The FGC shall provide direction, counsel and recommendations concerning
the operation of FRMS.
6. FINANCIAL RESPONSIBLITIES.
6.1. FR1VIS Fees. The CVT shall pay the following fees: a one time cost of
S2,800.00 per fire station for the FRMS software license. In addition, The
CVT shall pay annual participation fees to the County. In 2009, the fees are:
(1) $560.00 per fire station for FRMS software maintenance, and (2)
$4,902.00 for the first station participating in FRMS and $1,401.00 for each
additional fire station (in accordance with the 2006-2009 fee schedule
established by FGC).
6.2. The County shall submit a quarterly invoice to the CVT in a manner
prescribed by the County itemizing all amounts due under this Agreement.
The CVT shall pay the invoice submitted to the County thirty (30) days after
receipt of the invoice.
6.3. Except as provided in this Agreement, the County or CVT is not responsible
for any cost, fee, tine or penalty incurred by the other party in connection with
this Agreement.
6.4, CVT Failure to Pay
6.4.1. To the maximum extent provided by law, should the CVT fail, for any
reason, to timely pay the County the amounts required under this
Agreement, upon notice from the Oakland County Treasurer to the
Treasurer of the State of Michigan (or any other State of Michigan official
authorized to disburse funds to the CVT), the State of Michigan is
authorized to withhold any funds due the CVT from the State, and assign
those funds to partially or completely offset any deficiency by the CVT to
the County.
6.4.2. To the maximum extent provided by law, should the CVT fail for any
reason to timely pay the County the amounts required under this
Agreement, the County Treasurer shall be entitled to set-off and retain any
amounts due the CVT from any other source of funds due the CVT in the
possession of the County, to partially or completely offset any deficiency
by the CVT under this Agreement, unless expressly prohibited by law.
6.4,3. Neither of these provisions shall operate to limit in any way the County's
right to pursue any other legal remedies against the CVT for the
reimbursement of amounts due the County under this Agreement. The
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6
remedies in this paragraph are available to the County on an ongoing and
successive basis, as the CVT betomes delinquent in its payments.
7. IBTRI,TION OF INTERLOCAL AGREEMENT.
7.1. The Agreement and any amendments hereto shall be effective when executed
by both Parties with concurrent resolutions passed by the governing bodies of
each Party.
7.2. This Agreement shall remain in effect until cancelled or terminated by either
Party pursuant to Section 9.
8. ASSURANCES.
8.1 Each Party shall be responsible for its own acts and the acts of its employees,
and agents, the costs associated with those acts, and the defense of those acts.
8.2. The County is not responsible for any Claims arising directly or indirectly
from inaccurate or incomplete entry of information into FRMS by the CVT,
its employees, or its agents.
8.3. The County is not responsible for any Claims arising directly or indirectly
from misuse of FRMS or the FRMS Software by the CVT, its employees, or
its agents.
8.4. Neither the County nor CVT shall be liable for any consequential, incidental,
indirect, or special damages in connection with this Agreement.
LILAILDLAILI21111L.CANCELLATIONO' F GREEMENT.
9.1. Either Party may terminate or cancel this Agreement for any reason upon
thirty (30) days written notice. The effective date for termination or
cancellation shall be clearly stated in the notice.
9.2. Upon termination and cancellation Of this Agreement., the CVT has the right
to receive a copy data it entered into FRIvIS.
10. SUSPENSION OF SERVICES. Upon notice to the CVT and the FGC, the County
may immediately suspend this Agreement or the CVT's participation in FR/vIS, if the
CVT has failed to reasonably comply, within the County's discretion, with federal,
state, or local law, or any requirements contained in this Agreement. Upon notice to
the CVT and the FGC, the County may immediately disconnect any device that, within
the County's discretion, represents a possible security threat, performance impact, or
inappropriate usage of the County network or its resources. The right to suspend
services is in addition to the right to terminate or cancel this Agreement contained in
Section 9. The County shall not incur penalty, expense, or liability if services are
suspended under this Section.
Page 6 2004-0466 Final - Out County FRMS Agreement
11. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the
Parties, this Agreement does not and is not intended to create any obligation, duty,
promise, contractual right or benefit, right to indemnification, right to subrogation,
and/or any other right, in favor of any other person or entity.
12. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and
local statutes, ordinances, regulations, administrative rules, requirements applicable to
its activities performed under this Agreement, and all applicable hardware and
software licenses relating this Agreement.
13. DISCRIMINATION. The Parties shall not discriminate against their employees,
agents, applicants for employment, or another persons or entities with respect to hire,
tenure, terms, conditions, and privileges of employment, or any matter directly or
indirectly related to employment in violation of any federal, state or local law.
14. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and
maintaining, throughout the term of this Agreement, all licenses, permits, certificates,
and governmental authorizations necessary to perform all its obligations under this
Agreement. Upon request, a Party shall furnish copies of any permit, license,
certificate or governmental authorization to the requesting Party.
15. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to
impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal
right, privilege, power, obligation, duty, or immunity of the Parties.
16, FORCE MAJEURE. Each Party shall be excused from any obligations under this
Agreement during the time and to the extent that a Party is prevented from
performing due to causes beyond such Party's control, including, but not limited to,
an act of God, war, acts of government (other than the Parties'), fire, strike, labor
disputes, civil disturbances, reduction of power source, or any other circumstances
beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
17. IN-KIND SERVICES. This Agreement does not authorize any in-kind services,
unless previously agreed to by the Parties and specifically listed herein.
18. nFT.vr TtpistalacilnytACT/ASSIGNMENT. The CVT shall not delegate,
subcontract, and/or assign any obligations or rights under this Agreement without the
prior written consent of the County.
19. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a
Party to pursue or enforce any tights or remedies under this Agreement shall
constitute a waiver of those rights with regard to any existing or subsequent breach of
this Agreement. No waiver of any term, condition, or provision of this Agreement,
whether by conduct or otherwise, in one or more instances, shall be deemed or
construed as a continuing waiver of any term, condition, or provision of this
Agreement. No waiver by either Party shall subsequently effect its right to require
strict performance of this Agreement.
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8
20. SEVERABIL1TY. If a court of competent jurisdiction finds a term, or condition, of
this Agreement to be illegal or invalid, then the term, or condition, shall be deemed
severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force.
21, CAPTIONS. The section and subsection numbers, captions, and any index to such
sections and subsections contained in this Agreement are intended for the
convenience of the reader and are not intended to have any substantive meaning. The
numbers, captions, and indexes shall not be interpreted or be considered as part of this
Agreement. Any use of the singular or plural number, any reference to the male,
female, or neuter genders, and any possessive or nonpossessive use in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context
requires.
22. NOTICES. Notices given under this Agreement shall be in writing and shall be
personally delivered, sent by express delivery service, certified mail, or first class
U.S. mail postage prepaid, and addressed to the person listed below. Notice will be
deemed given on the date when one of the following first occur: (1) the date of actual
receipt; (2) the next business day when notice is sent express delivery service or
personal delivery; or (3) three days after mailing first class or certified U.S. mail.
22.1. If Notice is set to the County, it shall be addressed and sent to: Oakland
County Department of Information Technology, Manager of CLEM'S
Division, 1200 North Telegraph Road, Building #49 West, Pontiac, Michigan,
48341 and Chairperson of the Oakland County Board of Commissioners, 1200
North Telegraph, Pontiac, Michigan 48341.
22.2. If Notice is sent to the CVT, it shall be addressed to:
223. Either Party may change the address and/or individual to which Notice is sent
by notifying the other Party in writing of the change.
23. ‘IPTE131%.111%1CZ 1 AVVirrInFNT TO JURISDICTION AND VENUE. This
Agreement shall be governed, interpreted, and enforced by the laws of the State of
Michigan. Except as otherwise required by law or court rule, any action brought to
enforce, interpret, or decide any Claim arising under or related to this Agreement
shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th
District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable
jurisdiction of the court. Except as otherwise required by law or court rule, venue is
proper in the courts set forth above.
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9
24, AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, recessions, waivers, or releases to this Agreement must be in writing
and agreed to by both Parties. Unless otherwise agreed, the modification,
amendment, recession, waiver, or release shall be signed by the same persons who
signed the Agreement or other persons as authorized by the Parties governing body.
25, ENTIRE AGREEMENT. This Agreement represents the entire Agreement and
understanding between the Parties. This Agreement supercedes all other oral or
written Agreements between the Parties. The language of this Agreement shall be
construed as a whole according to its fair meaning, and not construed strictly for or
against any Party.
The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the temis and
conditions contained herein.
; IN WITNESS WHEREOF3-2 ,--/.144G- acknowledges that he/she has been•
authorized by a resolution 4f the execute this Agreement on
behalf of the CVT.
DATEr:"A
Nikk /
WITNESSED 49/1.) ..1.4c7:77:4?-4.-- DATE: 7-- ..„"?..1--e,
IN WITNESS WUIREOF,Bi11 Bul lard J, Chairperson, Oakland County Board of
Commissioners,, acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners to execute this Agreement on behalf of Oakland
County.
DATE: EXECUTED:
Bill Bullard Jr, chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
-Ruth. Johnson, Clerk. Register of Deeds
County of Oakland
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10
RESOLUTION 2009-79
At a regular meeting of the Board of Trustees of the Charter Township of Northville,
held on Thursday, June 18, 2009 at 7:30 p.m. at the Northville Township Hall, the
following information was provided:
WHEREAS: The Northville Township Board of Trustees approved the Michigan
Public Safety Communications System Integration Agreement with
Northville Township, and
WHEREAS: That John Werth, Director of Public Safety, is authorized to sign the
aforementioned Agreements.
NOW, THEREFORE, BE IT RESOLVED: Upon a motion by Treasurer Henningsen
and a second by Trustee Gans to approve the Michigan Public
Safety Communications System Integration Agreement with Northville
Township, and John Werth, Director of Public Safety, is authorized to
sign the aforementioned Agreements.
AYES: Abbo, Henningsen, Gans, Roosen
NAYS: None
ABSENT: Hillebrand, Banner, Herrmann
RESOLUTION DECLARED ADOPTED:
Sue A. Hillebrand, Clerk of the Charter Township of Northville, County
of Wayne, State of Michigan, do hereby certify that the foregoing is a
true and complete copy of a resolution of action approved by the Board
of Trustees at their regular meeting held on June 18, 2009 at 44405 Six
Mile Road.
Sue A. Hillebrand, Clerk
11
Oakland County
Fire Records Management System
Out of County
2006 - 2009 Fee Structure
$ 4,200.00
Annual
Additional
Station Fee
$ 1,200.00
2006
Annual
Department
_Fees
2007
Annual
Department
Fees
$ 4,620.00
Annual
Additional
Station Fee
$ 1,320.00
2008
Annual
Department
Fees
$ 4,759.00
Annual
Additional
Station Fee
$ 1,360.00
2009
Annual
Department
Fees
$ 4,902.00
Annual
Additional
Station Fee
s 1,49 1 .00
Note: This is the first fee increase since the program's inception.
Resolution #09184 September 2, 2009
Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the Consent
Agenda. be adopted (with accompanying reports being accepted).
AYES: Burns. Capelio. Coleman, Coulte', Douglas, Gershenson, Gingell, Gosselin, Greimel.
Hatchett, Jackson. Jacobsen, Long, McGillivray. Middleton, Nash, Potter, Potts, Runestad,
Schwartz Scott. Taub, Woodward, Zack, Bullard. (25)
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
September 2, 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 2nd day of September, 2009.
eat
Ruth Johnson, County Clerk