OAKLAND COUNTY BOARD OF COMMISSIONERS … COUNTY BOARD OF COMMISSIONERS MINUTES ... Scott, Taub,...

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Transcript of OAKLAND COUNTY BOARD OF COMMISSIONERS … COUNTY BOARD OF COMMISSIONERS MINUTES ... Scott, Taub,...

  • 784

    OAKLAND COUNTY

    BOARD OF COMMISSIONERS

    MINUTES November 12, 2009 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:39 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called.

    PRESENT: Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (24)

    EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Jim Nash. Pledge of Allegiance to the Flag. Moved by Middleton supported by Burns the minutes of the October 29, 2009 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved. Moved by Jacobsen supported by Coulter the agenda be amended as follows: ITEMS NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE

    f. Board of Commissioners Appointment to the Solid Waste Planning Committee Township Government

    (Reason for Suspension of General Government Committee, item f.: Waiver of Rule III. Item was taken up by the General Government Committee immediately prior to todays meeting. Also, move Public Services Committee, items j. and k. from the Consent Agenda to the Regular Agenda. Moved by Schwartz supported by Burns to move Human Resources Committee, items a. and b. from the Consent Agenda to the Regular Agenda. Vote on Agenda, as amended:

    AYES: Burns, Capello, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (23) NAYS: None. (0)

    A sufficient majority having voted in favor, the agenda, as amended, was approved.

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    Chairperson Bill Bullard, Jr. together with Commissioner Gary McGillivray presented a proclamation to the Senior Home Assistance Repair Program (SHARP) honoring them for providing a very valuable service to senior citizens and physically challenged individuals in our county through the generosity and commitment of more than 100 volunteers. Rich Collins from SHARP accepted the proclamation and addressed the Board. Chairperson Bill Bullard, Jr. introduced Eve Berousek, Board of Commissioners Secretary, and congratulated her on 35 years of service to Oakland County. He thanked her for all her hard work and knowledge. Eve Berousek addressed the Board. The following people addressed the Board during public comment: Alice Benbow, of Rochester Hills, John and Pauline Holeton, of Shelby Township, Commissioner David Woodward, Commissioner Shelley Taub, Commissioner Marcia Gershenson, Commissioner David Coulter (who recognized former State Representative and former County Commissioner Nancy Quarles, who was in attendance) and Commissioner Jeff Potter. Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 810. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #09262 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY FOURTH QUARTER 2009 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all development cost is incorporated as a single appropriation within the non-departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the Fourth Quarter 2009 development charges to be $1,207,251.22 and the imaging development charge to be $25,205.39 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $459,688.20, non-governmental imaging development are $17,535.48, and non-county agencies are $1,719.00 for the Fourth Quarter 2009; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Fourth Quarter 2009 Development Report and approves the Fourth Quarter appropriation transfer as specified on the attached schedule. BE IT FURTHER RESOLVED that the respective departmental Fiscal Year 2009 budgets are to be amended as specified in the attached detail schedule. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.

    FINANCE COMMITTEE Copy of Information Technology Development Summary 4th Quarter 2009 and Development/Support Detail Fourth Quarter 2009 on file in County Clerks office. (The vote for this motion appears on page 810.)

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    *REPORT (MISC. #09231) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS SUPPORT FOR MICHIGAN HOUSE BILL 5279 TO STREAMLINE ABSENTEE VOTING TO PROTECT THE VOTE FOR OVERSEAS MILITARY PERSONNEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on November 2, 2009, recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report.

    GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #09231 BY: Commissioners Shelley Taub, District #16 and Janet Jackson, District #21 IN RE: BOARD OF COMMISSIONERS SUPPORT FOR MICHIGAN HOUSE BILL 5279 TO STREAMLINE ABSENTEE VOTING TO PROTECT THE VOTE FOR OVERSEAS MILITARY PERSONNEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the highly respected, non-partisan Pew Center on the States named Michigan as one of 16 states failing its overseas troops by not allowing enough time for military personnel to return their votes to Michigan in time to be counted; and WHEREAS the study found that the majority of AV ballots requested by our overseas military never make it home in time to be counted, largely due to overseas mailing delays; and WHEREAS these are men and women who are overseas, away from their families and often risking their lives to protect our freedom. Michigan must take action to ensure their right to vote is protected here at home; and WHEREAS federal legislation has been introduced designed to streamline the overseas military system, but it is unclear whether that legislation will move forward; and WHEREAS Michigan owes it to our military men and women to take action now to implement common-sense changes that will safeguard their vote, with the full expectation that any improvements Michigan makes to the military voting system will help ensure the state is compliant should any new, federal guidelines be enacted in the future; and WHEREAS in response to the Pew Center report, Oakland County Clerk Ruth Johnson, Macomb County Clerk Carmella Sabaugh and Wayne County Clerk Cathy Garrett created OPERATION: OUR TROOPS COUNT earlier this year to push for changes that will ensure the votes of overseas military personnel are counted on Election Day and began working with State Representative Vince Gregory on legislation to remedy mailing delays; and WHEREAS at the county clerks request, State Rep. Vince Gregory introduced House Bill 5279 in August 2009 which would allow Michigan clerks to email/fax blank absentee ballots to overseas voters, streamlining the military voting system, reducing mailing time and postage costs; and WHEREAS more than 30 other states across the nation already allow this practice with appropriate safeguards and integrity built into the system. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the brave men and women, who are stationed overseas to defend our country and to preserve freedom in foreign lands, and believe Michigan must provide them with every opportunity to exercise their basic democratic right to vote. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges the Michigan State Legislature to adopt House Bill 5279 that will allow state election officials to make blank ballots available by email, fax, or other electronic means to overseas voters. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Michigan State Legislature to adopt legislation that provides for a secure environment that protects the secrecy of the ballot, yet allows for the completed ballots of military personnel who are stationed overseas to be counted on Election Day.

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    BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Michigan Secretary of State Terri Lynn Land, the Oakland County delegation to the Michigan Legislature, Oakland Countys lobbyists and the Michigan Association of Counties. Chairperson, we move the adoption of the foregoing resolution.

    SHELLEY TAUB, JANET JACKSON, JIM RUNESTAD, MATTIE HATCHETT, DAVID POTTS, HELAINE ZACK, JOHN SCOTT, DAVID WOODWARD, JEFF POTTER, TIM BURNS, KIM CAPELLO, DAVID COULTER, GARY McGILLIVRAY, JIM NASH, TIM GREIMEL, ERIC COLEMAN, CHRISTINE LONG, TOM MIDDLETON, BRADFORD JACOBSEN, MICHAEL GINGELL, ROBERT GOSSELIN, SUE ANN DOUGLAS, BILL BULLARD

    (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09263 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES HOMELAND SECURITY DIVISION ACCEPTANCE FOR 2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM REGIONAL FIDUCIARY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA) and the DHS Office of Emergency Communications (OEC) to the State of Michigan for the 2008 Interoperable Emergency Communications Grant Program (IECGP); and WHEREAS the State has awarded a 2008 IECGP grant to Region 2 in the State which includes, but is not limited to the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties for the purposes of Homeland Security; and WHEREAS the Michigan Homeland Protection Board continues to support Regional Homeland Security Planning Boards to identify and prioritize how regionally awarded grant funds will be used; and WHEREAS the Regional Homeland Security Planning Board for Region 2 (Region 2 Planning Board) is comprised of the representatives from the above-listed political subdivisions; and WHEREAS the Region 2 Homeland Security Board is not a legal entity that can manage and distribute the grant funds and has selected Oakland County to serve as fiduciary and subgrantee for the 2008 Interoperable Emergency Communications Grant Program; and WHEREAS the regions Interoperable Emergency Communications Grant Program award is $361,071.12 to be used to fund projects that strengthen interoperable communications capabilities in the areas of Leadership and Governance, Common Planning and Operational Protocols, and Emergency Responder Skills and Capabilities; and WHEREAS the grant agreement has been reviewed and approved through the County Executive contract review process; and WHEREAS Oakland County Corporation Counsel has developed the attached Interlocal agreement and exhibits to be used for the 2008 Interoperable Emergency Communications Grant Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the position of Fiduciary and Subgrantee for the 2008 Interoperable Emergency Communications Grant and accepts the grant funds in an amount up to $361,071.12 with no county match or in-kind contribution required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal agreement and exhibits and authorizes its chairperson to execute such Agreement and all other related documents between Oakland County and the Political Subdivisions located in Region 2 of the State.

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    BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the Grant Agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution.

    GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off Homeland Security and State of Michigan 2008 Interoperable Emergency Communications Grant Program Grant Agreement on file in County Clerks office. 2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM INTERLOCAL FUNDING AGREEMENT BETWEEN OAKLAND COUNTY AND [NAME OF POLITICAL SUBDIVISION] This Interlocal Funding Agreement ("the Agreement") is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("Fiduciary"), and the [Name and Address of Political Subdivision], a Michigan Municipal Corporation ("Political Subdivision"). In this Agreement the Fiduciary and the Political Subdivision may also be referred 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 Fiduciary and the Political Subdivision enter into this Agreement for the purpose of delineating the relationship and responsibilities between the Fiduciary, the Political Subdivision, and the Region 2 Planning Board regarding the 2008 Interoperable Emergency Communications Grant Program (Grant Program) and use of Grant Program funds, including but not limited to, the purchase, use, and tracking of equipment purchased with Grant Program funds, purchase or reimbursement of services with Grant Program funds, and/or reimbursement for certain salaries and/or overtime with Grant Program funds. Oakland County, Michigan was elected and appointed Fiduciary for the 2008 Interoperable Emergency Communications Grant Program by Region 2 Planning Board via a resolution dated August 19, 2009. Oakland County accepted the position of Fiduciary and as a result entered into the 2008 Interoperable Emergency Communications Grant Program Agreement with the State of Michigan and became the Subgrantee for the Grant Program. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. 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: 1.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto,

    and any other mutually agreed to written and executed modification, amendment, or addendum.

    1.2. 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 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 Fiduciary or Political Subdivision, as defined herein, whether such claim is brought in law or equity, tort, contract, or otherwise.

    1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.4. Fiduciary means Oakland County, a Constitutional Corporation including, but not limited to,

    its Board, any and all of its departments, divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons successors.

    1.5. Political Subdivision means the ___________, a Michigan Municipal 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, attorneys, volunteers, and/or any such persons successors.

    1.6. Region means the area comprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. This Region mirrors the existing State emergency

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    management district and the Office of Public Health Preparedness bio-defense network region.

    1.7. Region 2 Homeland Security Planning Board (Region 2 Planning Board) means the Regional Homeland Security Planning Board for Region 2, as created by the Michigan Homeland Protection Board, and is comprised of the City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties. The Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region.

    1.8. 2008 Interoperable Emergency Communications Grant Program (Grant Program) means the grant program described and explained in Exhibit B which began September 1, 2008 and ends August 31, 2010. The purpose of the Grant Program is improve local, tribal, regional, statewide, and national interoperable communications.

    2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are incorporated and are part of this Agreement. 2.1. Exhibit A Region 2 Homeland Security Planning Board Resolution; re: 2008 Interoperable

    Emergency Communications Grant Program Fiduciary; and 2.2. Exhibit B 2008 Interoperable Emergency Communications Grant Program Agreement

    between Fiduciary and the State; and 2.3. Exhibit C Transfer of Ownership Agreement/Equipment Receipt and Acceptance; and 2.4. Exhibit D Request for Reimbursement Forms.

    3. FIDUCIARY RESPONSIBILITIES. 3.1. The Fiduciary shall comply with all requirements set forth in the Grant Program Agreement

    between the Fiduciary and the State of Michigan. 3.2. The Fiduciary shall comply with all requirements set forth in the 2008 Interoperable

    Emergency Communications Grant Program Guidance. 3.3. The Fiduciary shall purchase equipment with the Grant Program funds in accordance with the

    Fiduciarys purchasing policies and procedures. The Region 2 Planning Board shall determine what type of equipment will be purchased and who shall receive such equipment.

    3.4. The Fiduciary shall create, maintain, and update a list/inventory of all equipment purchased with Grant Program funds beginning at the time the Grant Program Agreement is executed and ending three (3) years after the Grant Program is closed. The list/inventory shall include the following: (1) the equipment purchased; (2) the cost for each piece of equipment; (3) what Political Subdivision the equipment is transferred to; and (4) the physical location of the equipment.

    3.5. The Fiduciary shall transfer ownership and legal title to the equipment purchased with Grant Program funds to Political Subdivisions, designated by the Region 2 Planning Board, via the Transfer of Ownership Agreement attached as Exhibit C. The Fiduciarys Manager, Homeland Security Division shall execute the Transfer of Ownership Agreement on behalf of the Fiduciary and ________ shall execute the Transfer of Ownership Agreement on behalf of the Political Subdivision.

    3.6. The Fiduciary shall notify each Political Subdivision at the end of the Fiduciarys fiscal year of the dollar amount of equipment that has been transferred to the Political Subdivision.

    3.7. The Fiduciary shall reimburse or purchase services for the Political Subdivision with Grant Program funds, as directed by the Region 2 Planning Board. Such funds shall only be transferred or services purchased after the applicable Request for Reimbursement Forms, attached as Exhibit D, are properly executed by the Parties. The Fiduciarys Manager, Homeland Security Division shall execute the Forms on behalf of the Fiduciary and ______ shall execute the Forms on behalf of the Political Subdivision.

    3.8. The Fiduciary shall reimburse the Political Subdivision, as directed by the Region 2 Planning Board, with Grant Program funds for salaries and overtime for Political Subdivision employees and/or agents. Such funds shall only be transferred after the applicable Request for Reimbursement Forms, attached as Exhibit D, are properly executed by the Parties. The Fiduciarys Manager, Homeland Security Division shall execute the Forms on behalf of the Fiduciary and ____ shall execute the Forms on behalf of the Political Subdivision.

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    3.9. The Fiduciary shall file this Agreement pursuant to law and provide executed copies of this Agreement to the Region 2 Planning Board Secretary and the applicable Political Subdivision.

    4. POLITICAL SUBDIVISION RESPONSIBILITIES. 4.1. Upon receipt of equipment purchased with Grant Program funds, the Political Subdivision

    shall execute the Transfer of Ownership Agreement, attached as Exhibit C, for each piece of equipment. The Political Subdivision will not obtain title to the equipment and will not be permitted to use the equipment until the Fiduciary receives an executed Transfer of Ownership Agreement. The Political Subdivision agrees to be bound by all terms and conditions of the Transfer of Ownership Agreement, attached as Exhibit C.

    4.2. Upon execution of the Transfer Ownership Agreement, Exhibit C, the Political Subdivision shall be solely responsible for the equipment, including but not limited to the following: 4.2.1. Operation of the equipment; and 4.2.2. Maintenance and repair of the equipment; and 4.2.3. Replace or repair equipment which is willfully or negligently lost, stolen, damaged, or

    destroyed; and 4.2.4. Investigate, fully document, and make part of the official Grant Program records any

    loss, damage, or theft of equipment; and 4.2.5. Insurance for the equipment if required by law or if the Political Subdivision deems it

    appropriate in its discretion; and 4.2.6. Training for use of the equipment, if training is not included with the purchase of the

    equipment; and 4.2.7. Liability for all Claims arising out of the Political Subdivisions use of the equipment.

    4.3. The Political Subdivision shall comply with and shall use the equipment in accordance with the 2008 Interoperable Emergency Communications Grant Program Guidance.

    4.4. The Political Subdivision shall keep the Fiduciary informed of the location of the equipment. If the equipment by its nature is mobile, the Political Subdivision must provide a general location or home-base where the equipment can be found. If the location of the equipment changes, the Political Subdivision shall provide the new location to the Fiduciary immediately. The information required by this Section shall be provided to the Fiduciary upon execution of the Transfer Ownership Agreement and continue until three (3) years after the close of this Grant Program.

    4.5. The Political Subdivision shall list all equipment transferred to it pursuant to the Transfer Ownership Agreement on its Schedule of Expenditures of Federal Awards.

    4.6. Except for equipment that is disposable or expendable, the Political Subdivision shall inform the Fiduciary if it plans to dispose of the equipment and work with the Fiduciary regarding any issues associated with disposal of the equipment.

    4.7. The Political Subdivision shall be solely responsible for all costs, fines, and fees associated with the use and misuse of the equipment, including but not limited to, costs for replacing the equipment or costs, fines, or fees associated with an ineligible use determination by auditors.

    4.8. The Political Subdivision shall make the equipment available to the Fiduciary and State and Federal Auditors upon request.

    4.9. Prior to reimbursement for the purchase of services and/or for salaries or overtime, the Political Subdivision shall properly execute the applicable Request for Reimbursement Forms, attached as Exhibit D. The Political Subdivision shall not receive reimbursement for services, salaries, and/or overtime until all applicable Request for Reimbursement Forms are properly executed. The Fiduciary, in its sole discretion, shall determine if the Request for Reimbursement Forms are properly executed.

    5. REGION 2 PLANNING BOARD RESPONSIBILITIES. The Parties agree and acknowledge that the Region 2 Planning Board shall have the following responsibilities: 5.1. Undertake studies and make recommendations on matters of emergency management and

    homeland security to Political Subdivisions in the Region; and 5.2. Prepare and present to the State Homeland Security Advisory Council findings of activities

    and initiatives undertaken in the Region; and 5.3. Hold public meetings, subject to the Michigan Open Meetings Act; and

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    5.4. Perform such other acts or functions as it may deem necessary or appropriate to fulfill the duties and obligations imposed by Federal and State homeland security program requirements; and

    5.5. Establish sub-committees to carry out its work; and 5.6. Advocate for, monitor, and actively engage in the implementation of the Regional Homeland

    Security Strategy; and 5.7. Determine what type of equipment will be purchased with the Grant Program funds,

    determine what equipment each Political Subdivision will receive, and convey this information to the Fiduciary immediately after such determinations are made.

    6. DURATION OF INTERLOCAL AGREEMENT. 6.1. 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 and shall end three (3) years from the date the Grant Program is closed. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party.

    7. ASSURANCES. 7.1. 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. 7.2. 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 terms and conditions contained herein.

    7.3. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, laws, and requirements applicable to its activities performed under this Agreement, including but not limited to the Grant Program Agreement, attached as Exhibit B and the 2008 Interoperable Emergency Communications Grant Program Guidance.

    8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of termination and/or cancellation shall be clearly stated in the notice. If this Agreement is terminated and/or cancelled, the Transfer of Ownership Agreements executed prior to the date of termination and/or cancellation, shall remain valid and govern the Parties duties and obligations regarding equipment transferred to the Political Subdivision and the Parties shall execute Transfer of Ownership Agreements for all equipment ordered by the Fiduciary prior to the date of termination and/or cancellation.

    9. 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.

    10. 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.

    11. 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 carry out its obligations and duties pursuant to this Agreement.

    12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties.

    13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party.

    14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights 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.

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    No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement.

    15. SEVERABILITY. 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.

    16. 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.

    17. 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. 17.1. If Notice is sent to the Fiduciary, it shall be addressed and sent to: Oakland County Board of

    Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy to Oakland County Homeland Security Division, Manager, 1200 N. Telegraph Dept 410, Building 47 West, Pontiac, Michigan 48341.

    17.2. If Notice is sent to the Political Subdivision, it shall be addressed to: 17.3. Either Party may change the address and/or individual to which Notice is sent by notifying the

    other Party in writing of the change. 18. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the

    State of Michigan. 19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions,

    waivers, or releases to this Agreement must be in writing and executed by both Parties. 20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding

    between the Parties. This Agreement supersedes 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.

    IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: ____________________________________ DATE: ______________ Chairperson Oakland County Board of Commissioners WITNESSED: ____________________________________ DATE: ______________ Clerk/Register of Deeds County of Oakland [Political Subdivision Signature Block] FISCAL NOTE (MISC. #09263) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES HOMELAND SECURITY DIVISION ACCEPTANCE FOR 2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM REGIONAL FIDUCIARY 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 State of Michigan has awarded a 2008 Interoperable Emergency Communications Grant Program (IECGP) to Region 2, which includes, but is not limited to the following political

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    subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. The Region 2 Planning Board has selected Oakland County to serve as fiduciary and subgrantee for the 2008 Interoperable Emergency Communications Grant program award in an amount up to $361,071.12.

    2. The grant period is September 1, 2008, through August 31, 2010. 3. The grant will be used to support projects that strengthen interoperable communications

    capabilities within Region 2 in the areas of Leadership and Governance, Common Planning and Operational Protocols, and Emergency Responder Skills and Capabilities.

    4. The following budget amendment is recommended to the FY 2010 Adopted Budget to recognize the grant award: FY 2010 FY 2010 Adopted Amended Budget Amend. Budget

    FUND 29330 - GR0000000471 Revenues 1060601-115095-610313 Federal Grant Rev. $ -0- $361,071 $361,071 Expenditures Urban Area Security Initiative 1060601-115095-731458 Prof. Serv. $ -0- $211,071 211,071 1060601-115095-750567 Training-Ed. Supp. -0- 75,000 75,000 1060601-115095-731241 Miscellaneous -0- 75,000 75,000 Total Expenditures $ -0- $361,071 $361,071

    FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09253 BY: Planning and Building Committee, John Scott, Chairperson IN RE: BUILDING AUTHORITY - RESOLUTION SUPPLEMENTING THE AUTHORIZATION GRANTED TO THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT TO ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY, MICHIGAN TO BE USED BY THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), have approved a project to acquire various facilities located in the County of Oakland (the "Project") which are now being used by the Oakland County Community Mental Health Authority (the CMHA), all as more fully described in EXHIBIT A to a Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of December 1, 2006 (the "Lease Contract"), as amended pursuant to which the Authority has acquired, constructed, furnished, renovated and equipped part of the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and leased the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS some of the capital projects approved in the Lease Contract could not be undertaken; and WHEREAS there are several capital projects which can be substituted for those capital projects originally approved which could not be undertaken; and WHEREAS there has been prepared and attached hereto as APPENDIX I a form of Second Amendment to Lease Contract setting forth the capital projects which have been completed as well as those which will be added to the Project and removing those projects which can not be undertaken. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows:

    1. The Second Amendment to Lease Contract in the form of APPENDIX I attached hereto is hereby approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County. Final plans and project description shall be approved by the Planning and Building Committee of the Board of Commissioners before they are attached to the Lease Contract to be executed.

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    2. All activities involved in the planning and construction of this Project under this resolution shall comply with the standing rules of the Board of Commissioners.

    BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in any blanks in Appendix I - prior to executing and filing this document with the Oakland County Clerk. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.

    PLANNING AND BUILDING COMMITTEE Copy of Lease Contract and Appendix A-1 on file in County Clerks office. FISCAL NOTE (MISC. #09253) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BUILDING AUTHORITY RESOLUTION SUPPLEMENTING THE AUTHORIZATION GRANTED TO THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT TO ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY, MICHIGAN TO BE USED BY THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY 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 authorizes the Second Amendment to the Lease Contract that sets forth the capital projects, including those projects completed, various capital projects to be added, and removing those projects that cannot be undertaken.

    2. Appendix A-1 includes an updated list of properties and includes estimated capital improvement projects of $148,416 to be undertaken at the properties.

    3. There are sufficient bonds monies remaining to cover the additional capital projects. No budget amendment is recommended.

    FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09254 BY: Planning and Building Committee, John Scott, Chairperson IN RE: BUILDING AUTHORITY RESOLUTION APPROVING AN AMENDMENT TO SUBLEASE IN CONNECTION WITH A PROJECT TO ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY, MICHIGAN TO BE USED BY THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), have approved a project to acquire various facilities located in the County of Oakland (the "Project") which are now being used by the Oakland County Community Mental Health Authority (the CMHA), all as more fully described in EXHIBIT A to a Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of December 1, 2006 (the "Lease Contract"), as amended pursuant to which the Authority has acquired, constructed, furnished, renovated and equipped part of the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and leased the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS on June 27, 2007 the County and the Oakland County Community Mental Health Authority (CMHA) entered into a Sublease under which the County is the Lessor and CMHA is the Lessee of a Project which the Authority was to acquire which included various capital projects to be undertaken by the Authority, leased to the County and thereafter subleased by the County to CMHA; and WHEREAS some of the capital projects approved in the Sublease could not be undertaken; and WHEREAS there are several capital projects which can be substituted for those capital projects originally approved which could not be undertaken; and

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    WHEREAS there has been prepared and attached hereto as APPENDIX I a form of Amendment to Sublease setting forth the capital projects which have been completed as well as those which will be added to the Project and removing those projects which can not be undertaken. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows:

    1. The Amendment to Sublease in the form of APPENDIX I attached hereto is hereby approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County.

    BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in any blanks in Appendix I prior to executing and filing this document with the Oakland County Clerk. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Amendment to Sublease and Appendix A-1 on file in County Clerks office. FISCAL NOTE (MISC. #09254) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BUILDING AUTHORITY RESOLUTION APPROVING AN AMENDMENT TO SUBLEASE IN CONNECTION WITH A PROJECT TO ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY, MICHIGAN TO BE USED BY THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY 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 authorizes the amendment to the Sublease with Oakland County Community Mental Health Authority (CMHA) in order to update the capital projects to be undertaken by CMHA.

    2. Appendix A-1 includes an updated list of properties and includes estimated capital improvement projects of $148,416 to be undertaken at the properties.

    3. The Sublease provides for the repayment of the principal and interest payments from CMHA to Oakland County.

    FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09264 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/WASTE RESOURCE MANAGEMENT - ACCEPTANCE OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD CONSORTIUM ASSESSMENT GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #99252, "Board of Commissioners - Amendments to the Grants Procedures", the Waste Resource Management Unit of the Department of Economic Development and Community Affairs, as part of the Oakland County Brownfield Consortium, has applied to the United States Environmental Protection Agency (EPA) for a Brownfield Consortium Assessment grant to perform environmental assessment work on Brownfield properties in the amount of $1,000,000; and WHEREAS Oakland County has partnered with the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac to form the Oakland County Brownfield Consortium; and WHEREAS the EPA has awarded the Oakland County Brownfield Consortium a $1,000,000 grant, the same amount as the application, for the period starting in 2009; and WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac will enter into a memorandum of agreement with Oakland County pertaining to this grant; and

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    WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac will have $100,000 each to spend on environmental assessments on Brownfield sites in their cities as part of this grant; and WHEREAS the remaining $500,000 of the grant will be spent on environmental investigations on Brownfield sites located in the other cities, villages and townships not associated as part of the Oakland County Brownfield Consortium; and WHEREAS acceptance of the grant does not obligate the County to any future commitments; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Brownfield Consortium Assessment grant from the U.S. EPA in the amount of $1,000,000. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the grant agreement and to approve grant changes and extensions, within 15 percent of the original award, which are consistent with the original agreement. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution.

    PLANNING AND BUILDING COMMITTEE

    Copy of Grant Review Sign Off Economic Development and Community Affairs, U.S. Environmental Protection Agency Cooperative Agreement and Oakland County Brownfield Consortium Agreement on file in County Clerks office.

    FISCAL NOTE (MISC. #09264) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/WASTE RESOURCE MANAGEMENT ACCEPTANCE OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD CONSORTIUM ASSESSMENT GRANT 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 authorizes acceptance of a Brownfield Consortium Assessment Grant from the U.S. Environmental Protection Agency in the amount of $1,000,000.

    2. Oakland County and the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights, and Pontiac (collectively known as the Oakland County Brownfield Consortium) have formed a coalition for this assessment grant with Oakland County serving as the grant recipient.

    3. Each of the five cities in the consortium will receive $100,000 to perform environmental investigations and Oakland County will receive the balance of $500,000 to perform Phase I and II environmental investigations on Brownfield sites located in other County municipalities not associated as part of the Oakland County Brownfield Consortium.

    4. The award includes $994,000 for site assessment activities at sites contaminated by hazardous substances or by petroleum, $2,000 for site inventory and selection, $3,000 for administration, and $1,000 for community outreach and redevelopment activities.

    5. The award is the same amount as the grant application. 6. The grant funding period is October 1, 2009 through September 30, 2012. 7. No county match or General Fund/General Purpose funding is required for the grant. 8. An amendment to the FY 2010 Special Revenue Budget for the Brownfield Consortium

    Assessment Grant (Project # GR0000000472) is recommended as follows: FUND 29411 FY 2010 Revenues 1090201-174220-610313 Grants Federal $1,000,000 Expenditures 1090201-174220-731073 Legal Services $ 4,000 1090201-174220-731458 Professional Services 990,000 1090201-174220-732018 Travel & Conference 5,000 1090201-174220-750399 Office Supplies 1,000

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    Total Expenditures $1,000,000 $ 0

    FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09265 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFFS OFFICE 2009 BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice, Bureau of Justice Assistance Programs, has awarded the Sheriffs Office grant funding in the amount of $7,047, with a required 50% grant match of $7,047 for the grant year period of April 1, 2009 through September 30, 2011; and WHEREAS the grant allows reimbursement of costs incurred by the Sheriffs Office for the purchase of approved bulletproof vests for deputies; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the 2009 U.S. Department of Justice Bulletproof Vest Partnership Program Grant in the amount of $14,094, including $7,047 of grant funding and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that the grant provides for a reimbursement of costs, and a 50% grant match of $7,047 is required. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.

    PUBLIC SERVICES COMMITTEE

    Copy of Grant Review Sign Off Sheriffs Office on file in County Clerks office. FISCAL NOTE (MISC. #09265) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFFS OFFICE 2009 BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

    1. The U.S. Department of Justice, Bureau of Justice Assistance Programs, awarded the Sheriffs Office grant program funding in the amount of $14,094 including the grant award of $7,047.

    2. The grant provides 50% reimbursement of costs incurred by the Sheriffs Office for the purchase of approved bulletproof vests for deputies, and represents reimbursement of prior years cost of bulletproof vests purchased through the Sheriffs GFGP budget.

    3. The grant period is April 1, 2009 through September 30, 2011. 4. County matching funds of $7,047 is required, but no positions are required. 5. No budget amendment is recommended, as this is a 2009 reimbursement award, which offsets

    the expenses incurred in FY 2009 for this program. FINANCE COMMITTEE (The vote for this motion appears on page 810.)

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    *MISCELLANEOUS RESOLUTION #09266 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE GRANT YEAR 2009 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Department of Justice, Bureau of Justice Assistance awarded Oakland County expenditure reimbursement funding in the amount of $72,448 for its State Criminal Alien Assistance Program; and WHEREAS the funding is reimbursement of Corrections Officers salaries (based on a prescribed formula) for those officers directly involved in the care and maintenance of alien inmates housed in the Oakland County Jail; and WHEREAS Oakland County has met the federal requirements necessary to accept the award; and WHEREAS the reimbursement period covers July 1, 2007 through June 30, 2008; and WHEREAS no county match is required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Grant Year 2009 State Criminal Alien Assistance Program (SCAAP) Reimbursement award in the amount of $72,448 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off Sheriffs Office, Bureau of Justice Assistance, State Criminal Alien Assistance Program (SCAAP), FY 2009 SCAAP Guidelines and Application, Certifications and Standard Assurances on file in County Clerks office. FISCAL NOTE (MISC. #09266) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFFS OFFICE GRANT YEAR 2009 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

    1. The United States Department of Justice, Bureau of Justice Assistance, awarded the Sheriffs Office $72,448 in reimbursement funding for its State Criminal Alien Assistance Program.

    2. The reimbursement period for Grant Year 2009 is July 1, 2007, through June 30, 2008. 3. No County match is required. 4. The Grant Year 2009 funding represents a 3% increase from Grant Year 2008 grant award of

    $70,412. 5. The Sheriffs Corrective Services revenue FY 2009 Budget reflects an anticipated award of

    $82,000. 6. No budget amendment is recommended, as this is a 2009 reimbursement award, which offsets

    the expenses incurred in FY 2009 for this program. FINANCE COMMITTEE

    (The vote for this motion appears on page 810.)

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    *REPORT (MISC. #09267) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFFS OFFICE 20092012 EXPANDED JAIL ALLIANCE WITH SUPPORT FOR INMATES (JAWS) BYRNE JAG STIMULUS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on November 4, 2009 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09267 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE 2009-2012 EXPANDED JAIL ALLIANCE WITH SUPPORT FOR INMATES (JAWS) BYRNE JAG STIMULUS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriffs Office established the Jail Alliance With Support (JAWS) program in 2004 through a grant from the Michigan Department of Community Health Office of Drug Control Policy; and WHEREAS the Michigan Department of Community Health has awarded the Oakland County Sheriffs Department grant funding in the amount of $681,648 for the grant program year period of July 1, 2009 through September 30, 2012 which resumes funding halted in FY 2009; and WHEREAS the Community Health Authority (CMHA) has provided supplemental funding towards the JAWS program since 2006; and WHEREAS this grant award expands the existing post-booking jail diversion program (JAWS) to the female jail population who are experiencing addiction problems; and will include treatment readiness services, coordination with the Courts for a community re-integration plan diverting them from jail and 90 days of follow-up services; and WHEREAS this grant awards provides for the creation of two (2) SR 1,000 hours per year part-time-non-eligible (PTNE) Inmate Substance Abuse Technician positions in the Sheriffs Office/Corrective Services Division/Inmate Program Services Unit; and WHEREAS this award provides for the continuation of one (1) GF/GP full-time eligible (FTE) Inmate Caseworker (Pos. #4030320-10729) and changes the funding from CMHA funding to Michigan Department of Community Health grant funding; and WHEREAS the funding arrangement between the Community Mental Health Authority (CMHA) and Oakland County for one-time funding for Fiscal Year 2009 JAWS program has been terminated; and WHEREAS CMHA agrees to continue partial funding in the amount of $64,468 for one (1) GF/GP full-time Inmate Caseworker (Pos.#4030320-06577) assigned to Inmate Program Services with funds being deposited into the General Fund; and WHEREAS the acceptance of this award does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of funding; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 20092012 Expanded Jail Alliance with Support for Inmates grant award (Byrne JAG Stimulus) in the amount of $681,648 to continue the Jail Alliance with Support for Inmates with Co-occurring Disorders program and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreements, as attached. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2010 CMHA Letter of Agreement in the amount of $64,468 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that to support the JAWS program two (2) SR part-time-non-eligible (PTNE) 1,000 hours per year Inmate Substance Abuse Technician positions be created in the Sheriffs Office/Corrective Services Division/Inmate Program Services Unit.

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    BE IT FURTHER RESOLVED that funding for one (1) GF/GP full-time eligible (FTE) Inmate Caseworker (Pos. #4030320-10729) be changed from GF/GP CMHA funding to SR grant funded status. BE IT FURTHER RESOLVED to continue one (1) GF/GP full-time Inmate Caseworker (Pos. #4030320-06577) in the Corrective Services-Detention Facilities Division/Inmate Program Services which is partially funded by CMHA through September 30, 2010. BE IT FURTHER RESOLVED that the continuation of this program and position(s) are contingent upon continued reimbursement funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the forgoing resolution.

    PUBLIC SERVICES COMMITTEE

    Copy of Grant Review Sign Off Sheriffs Office, Grant Agreement Between Michigan Department of Community Health and County of Oakland, Purpose, Statement of Work, Program Budget Summary Byrne Memorial Formula and Local Law Enforcement Block Grant, Performance/Progress Report Requirements, Financial Status Report, Audit Status Notification Letter, Standard Assurances and Guidance to State Agencies Regarding the Use of Funds Received Under the American Recovery and Reinvestment Act (ARRA) on file in County Clerks office.

    FISCAL NOTE (MISC. #09267) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE 2009-2012 EXPANDED JAIL ALLIANCE WITH SUPPORT FOR INMATES (JAWS) BYRNE JAG STIMULUS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

    1. The Michigan Department of Community Health, through the Office of Drug Control Policy, has awarded renewed grant funding to the Sheriffs Office of $681,648 to continue its Jail Alliance With Support (JAWS) program that was halted last year.

    2. Total grant program funding is $681,648 with no required County match. 3. Funding of $681,648 covers the period July 1, 2009 through September 30, 2012. 4. The Sheriffs Office also received a Letter of Agreement from the Oakland County Community

    Mental Health Authority (CMHA) to contribute funding in the amount of $64,468, which partially funds one (1) GF/GP Full-Time Inmate Caseworker (Pos. #06577) assigned to the Inmate Program Services.

    5. CMHA agrees to provide this contributed funding arrangement for a one-year period from October 1, 2009 through September 30, 2010, at which time this funding arrangement will be evaluated for extension and renewal.

    6. The total grant funding of $681,648 provides for the creation of two (2) SR PTNE 1,000 hour per year Inmate Substance Abuse Technician positions in the Sheriffs Department/Corrective Services Division, Inmate Program Services Unit.

    7. Funding for one (1) GF/GP FTE Inmate Caseworker (Pos. #4030320-10729) is changed from CMHA funding to Michigan Department of Community Health grant funding.

    8. The grant award also funds $5,000 for Travel and Conference, $10,630 for Supplies and Materials, and $219,698 for Contractual Services from CMHA to perform treatment readiness groups.

    9. A budget amendment to the Fiscal Year 2010, 2011, and 2012 Special Revenue budgets is recommended to recognize acceptance of the renewed grant funding as detailed in the attached Schedule.

    FINANCE COMMITTEE (The vote for this motion appears on page 810.)

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    *MISCELLANEOUS RESOLUTION #09268 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: OAKLAND COUNTY SHERIFFS OFFICE - 2009 COPS TECHNOLOGY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriffs Office along with CLEMIS of Oakland County has solicited and received federal funding under the U.S. Department of Justice - Office of Community Oriented Policing Services in the amount of $625,000 for the period of March 11, 2009 through March 10, 2012; and WHEREAS the acceptance of this grant for Oakland County Sheriffs Office and CLEMIS of Oakland County will provide two types of Cogent Systems remote access wireless biometric identification devices to participating law enforcement agencies and supply additional hardware to enhance the internal AFIS (Automated Fingerprint Identification System); and WHEREAS the wireless devices will allow officers to capture fingerprint or mugshot images by capturing this information and transmitting it electronically to the AFIS (Automated Fingerprint Identification System) where it is analyzed for a match with a record on file; and WHEREAS the goal of this program is to streamline the means of processing searches from the wireless devices and to reduce the amount of time the officer waits for an identification response from the backend identification systems; and WHEREAS the grant award has been processed through the County Executive's Contract Review Process and the Board of Commissioners Grant Application Procedures; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the grant funding from the U.S. Department of Justice in the amount of $625,000 with no County match requirement; and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off - Sheriffs Office, Letter Regarding Technology Program Grant #2009CKWX0358, Technology Program Grant Terms and Conditions, Law Enforcement Technology Financial Clearance Memo, Frequently Asked Questions, Memo from Fiscal Services Division and Budget Narrative on file in County Clerks office. FISCAL NOTE (MISC. #09268) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY SHERIFFS DEPARTMENT 2009 COPS TECHNOLOGY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds:

    1. Oakland County Sheriffs Office, along with CLEMIS of Oakland County, have been awarded grant funding from the U.S. Department of Justice Office of Community Oriented Policing Services in the amount of $625,000 for the period of March 11, 2009 through March 10, 2012.

    2. Grant funding will cover 100% of the equipment costs as well as the contractual services for installation of hardware and software modifications to the Automated Fingerprint Identification System (AFIS).

    3. There are no additional personnel costs requested and no county match required. 4. A budget amendment is recommended to the Fiscal Year 2010 Special Revenue Budget as

    follows: LAW ENFORCEMENT GRANT FUND #27420 Revenue FY 2010 1080305-116130-610314 Grants-Federal $625,000 Total Revenue $625,000

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    Expenditures 1080305-116130-760132 Capital-Computer Equip $529,461 1080305-116130-731458 Professional Services 95,539 Total Expenditure $625,000

    FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09269 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2010 ACCESS AND VISITATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State Court Administrative Office (SCAO) has awarded the Friend of the Court grant funding in the amount of $21,500 for the period of October 1, 2009 through September 30, 2010; and WHEREAS this grant is for services to be performed in conjunction with HAVEN, which facilitates parenting time (visitation) for certain cases as determined by the Court; and WHEREAS matching funds are not required by the grant from HAVEN or the Oakland County Friend of the Court; and WHEREAS the contract has been approved in accordance with the County Executives review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2010 Access and Visitation Grant. BE IT FURTHER RESOLVED that the Oakland County Friend of the Court will contract with HAVEN to provide services as detailed in the grant award. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute this agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award. BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon the continuation of State funding. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.

    PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off Friend of the Court and Agreement Between Michigan Supreme Court State Court Administrative Office and 6th Circuit Court, Oakland County Friend of the Court on file in County Clerks office. FISCAL NOTE (MISC. #09269) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT 2010 ACCESS AND VISITATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

    1. The Oakland County Friend of the Court (FOC) has been awarded a Federal Access and Visitation Grant through the State Court Administrative Office (SCAO) in the amount of $21,500.

    2. The grant period is October 1, 2009 through September 30, 2010. 3. The grant is for services to be performed in conjunction with agencies that facilitate parenting

    time (visitation) for certain cases as determined by the court. 4. There is no General Fund fiscal obligation. 5. The FY 2010 Adopted Budget is $24,621 and therefore, a budget amendment of $3,121 is

    recommended as follows:

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    FUND 27120 FOC ACCESS VISITATION: FY 2010 Grant # GR0000000282 Revenue 3010401-126030-615571 Grants-State ($3,121) ($3,121) Expenditure 3010401-126030-731458 Professional Services ($3,121)

    ($3,121) FINANCE COMMITTEE

    (The vote for this motion appears on page 810.) *REPORT (MISC. #09270) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: 52-2 DISTRICT COURT FY 2010 MICHIGAN DRUG COURT PROGRAM MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on November 4, 2009 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09270 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: 52-2 DISTRICT COURT FY 2010 MICHIGAN DRUG COURT PROGRAM MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division II (Clarkston) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2009 through September 30, 2010; and WHEREAS the District Court was awarded $14,000, for a total program funding of $47,415; and WHEREAS this drug court was instituted to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS the Drug Court Program is on its sixth year of operation and currently is funded by the SCAO grant and Assessment Fees and Drug Court Treatment Fees revenue; and WHEREAS for FY10 the SCAO grant will provide limited funding to one (1) SR full-time eligible Probation Officer II position, #3020305-10317, that provides intensive probation supervision and frequent alcohol testing of defendants participating in the Drug Court Program; and WHEREAS to operate in a more cost-effective manner, Division II proposes to streamline the Drug Court Program by deleting the current full-time eligible SR Probation Officer II position effective November 5, 2009 and reassigning current Program caseload to an existing position, #3020305-07230, which will be partially reimbursed by the grant; and WHEREAS in addition the Court proposes the creation of two (2) GF/GP part-time non-eligible 1,000 hours per year Probation Officer I positions to assist the Probation Unit and the costs of these positions be offset by Assessment Fees and Drug Court Treatment Fees revenue; and WHEREAS program costs include supplies, travel, and conference. These costs are offset by the Drug Court Treatment fees, Assessment Fees and the SCAO grant award; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrative Office (SCAO) Grant for the period of October 1, 2009 through September 30, 2010.

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    BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible 1,000 hour per year Probation Officer I position be created in the Probation Unit of the 52-2 Clarkston District Court, and cost of this position will be offset by the Drug Court Treatment fee. BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible 1,000 hour per year Probation Officer I position be created in the Probation Unit of the 52-2 Clarkston District Court, and cost of this position will be offset by the Assessment fee. BE IT FURTHER RESOLVED that one (1) SR full-time eligible Probation Officer II position (#3020305-10317) be deleted effective November 5, 2009. BE IT FURTHER RESOLVED that one (1) GF/GP full-time eligible Senior Probation position (#3020305-07230) be partially reimbursed by the SCAO grant effective November 5, 2009 through September 30, 2010. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #3 of that grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the Countys obligation limited to the grant funding period. BE IT FURTHER RESOLVED should Assessment Fees or the Drug Court Treatment Fees decrease, the two (2) positions will be evaluated and an alternative funding source will need to be identified, otherwise the positions will need to be deleted. BE IT FURTHER RESOLVED that continuation of the program and staffing associated with this grant is contingent upon continuation of State funding and receipt of additional funding sources. BE IT FURTHER RESOLVED that continuation of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.

    PUBLIC SERVICES COMMITTEE

    Copy of Grant Review Sign Off 52/2 District Court, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2010 Grant Contract, Letter Regarding FY 2010 Michigan Drug Court Grant Program Award 52-2 District Court DWI Drug Treatment Court and Memorandums of Agreement on file in County Clerks office. FISCAL NOTE (MISC. #09270) BY: Finance Committee, Tom Middleton, Chairperson IN RE: 52-2 DISTRICT COURT FY 2010 MICHIGAN DRUG COURT PROGRAM MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

    1. The 52nd District Court, Division II (Clarkston) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program, for the period of October 1, 2009 through September 30, 2010.

    2. The SCAO grant award is $14,000. The award combined with the General Fund Assessment Fee revenue of $33,415 equals the total program funding of $47,415.

    3. Total resources of $47,415 are allocated as follows: Personnel of $43,465, Travel and Conference of $1,000, and Laboratory Supplies of $2,950.

    4. The grant contract includes partial funding for one SR full-time eligible Probation Officer II position (#3020305-10317) for $12,050. This is for the period of October 1, 2009 through November 4, 2010.

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    5. The grant contract includes partial funding for one (1) GF/GP FTE Senior Probation Officer II position (3020305-07230) for $31,415. This is for the period of November 4, 2009 through September 30, 2010.

    6. Currently, Assessment and Drug Treatment Court fees fund Clarkstons Drug Court program for one SR FTE Probation Officer II position.

    7. Included in the acceptance of the SCAO grant award is the proposal to delete one SR FTE Probation Officer II position of ($70,811), and re-appropriate these funds to create two (2) GF/GP PTNE Probation Officer I positions, totaling $39,074.

    8. The above proposal generates $31,737 in GF/GP savings, which the court is requesting to place in their Budget Transition account.

    9. A budget amendment is recommended to the Fiscal Year 2010 Budget to reflect the acceptance of FY 2010 SCAO grant award, delete one (1) SR FTE Probation Officer II position, create two (2) GF/GP Probation Officer I positions, and appropriate the savings from these actions into the Courts Budget Transition account as detailed on Schedule A.

    FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09271 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: 52-1 DISTRICT COURT FY 2010 MICHIGAN DRUG COURT PROGRAM - MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division I (Novi) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2009 through September 30, 2010; and WHEREAS the application requested total program funding in the amount of $86,540 of which $80,510 was awarded, consisting of $4,200 in grant funding from SCAO, plus $76,310 in-kind support from the general fund, with no required cash match; and WHEREAS this is the ninth year of grant funding; and WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS this grant no longer funds any positions, the in-kind support is currently budgeted in the general fund; and WHEREAS this grant award of $4,200 funds Ignition Interlock installation and travel expenses; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Drug Court Grant (MDCGP)/State Court Administrative Office. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #3 of that years grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the Countys obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon continuation of State funding. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment.

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    Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE

    Copy of Grant Review Sign Off 52-1 District Court, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2010 Grant Contract, Letter Regarding FY 2010 Michigan Drug Court Grant Program Award 52-1 District Court DWI Drug Treatment Court and Memorandums of Agreement on file in County Clerks office. FISCAL NOTE (MISC. #09271) BY: Finance Committee, Tom Middleton, Chairperson IN RE: 52-1 DISTRICT COURT FY 2010 MICHIGAN DRUG COURT PROGRAM MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

    1. The 52nd District Court, Division I (Novi) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program in the amount of $4,200 for the period of October 1, 2009, through September 30, 2010.

    2. The total program budget is for $80,510, which includes an award from SCAO of $4,200, with $76,310 in General Fund in-kind support and no required County cash match.

    3. This is the ninth year that the 52-1 Novi Drug Court has been awarded grant funding from SCAO. 4. The award of $4,200 continues funding for the Ignition Interlock service of $3,450 and travel of

    $750. 5. A budget amendment is recommended to the FY 2010 Special Revenue Fund to reflect continued

    funding from the SCAO, 52-1 District Court Drug Court grant: SCAO DRUG COURT 52-1 - FUND 27150 FY 2010 Project #GR0000000239 Activity A, Analysis Type GLB Revenues 3020201-121050-615571 Grants State ( 800) ($ 800) Expenditures 3020201-121050-732018 Travel and Conference $ 225 3020201-121050-750280 Lab. Supplies ( 4,475) 3020201-121050-731458 Professional Services 3,450 ($ 800)

    FINANCE COMMITTEE

    (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09272 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: 52-3 DISTRICT COURT FY 2010 MICHIGAN DRUG COURT PROGRAM MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division III (Rochester Hills) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2009 through September 30, 2010; and WHEREAS the application requested total program funding in the amount of $137,258 of which $113,188 was awarded, consisting of $17,000 in grant funding from SCAO, plus $96,188 in-kind support from the general fund; and WHEREAS this is the 1st year of grant funding; and WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and

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    WHEREAS the grant agreement has been processed through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrative Office (SCAO) Grant for the period of October 1, 2009 through September 30, 2010. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #3 of that years grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the Countys obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon continuation of State funding. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.

    PUBLIC SERVICES COMMITTEE

    Copy of Grant Review Sign Off 52/3 District Court, Michigan Supreme Court State Court Administrative Office Michigan Drug court Grant Program 2010 Grant Contract, Letter Regarding FY 2010 Michigan Drug Court Grant Program Award 52-3 District Court DWI Drug Treatment Court and Memorandums of Agreement on file in County Clerks office. FISCAL NOTE (MISC. #09272) BY: Finance Committee, Tom Middleton, Chairperson IN RE: 52-3 DISTRICT COURT FY 2010 MICHIGAN DRUG COURT PROGRAM MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

    1. The 52nd District Court, Division III (Rochester Hills) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program in the amount of $17,000 for the period of October 1, 2009, through September 30, 2010.

    2. The total program budget is for $113,188 which includes an award from SCAO of $17,000 with $96,188 in General Fund in-kind match.

    3. This is the 1st year of SCAO grant funding. 4. The grant funds of $17,000 are allocated as follows: Professional Services $13,200, Supplies of

    $2,300 and Travel and Conference of $1,500. 5. A budget amendment is recommended to the FY 2010 Special Revenue Fund to reflect funding

    from the SCAO, 52-1 District Court Drug Court grant: SCAO DRUG COURT 52-3 - FUND 27165 FY 2010 Project #GR0000000468 Activity A, Analysis Type GLB Revenues 3020405-121050-615571 Grants State $17,000 $17,000 Expenditures 3020405-121050-731458 Professional Service $13,200 3020405-121050-750294 Material and Supplies 2,300 3020405-121050-732018 Travel 1,500 $17,000

    FINANCE COMMITTEE

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    (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09273 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT FY 2010 JUVENILE AND ADULT DRUG COURT COMBINED SCAO GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court applied for two grants with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a granting period of October 1, 2009 through September 30, 2010; and WHEREAS the SCAO grant awards, plus PA 511 Community Corrections contributed funds, Child Care Funds, DHS/BJJ funds, and general fund in-kind support make up the total program funding for FY 2010; and WHEREAS the court intends to continue the Adult and Juvenile Drug Courts to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and the increase in jail days ordered; and WHEREAS in addition, these awards provide funding for drug testing supplies and kits, contractual services for individual and family treatment, and transitional housing; and WHEREAS (4) four positions are partially funded by the Adult and Juvenile Drug Court grants. These positions are one (1) SR FTE Youth and Family Casework Supervisor position (3010402-9712), one (1) SR FTE Technical Assistant position (3010402-10677), and two (2) SR FTE Youth and Family Ca