HomeMy WebLinkAboutResolutions - 2019.07.18 - 32103MISCELLANEOUS RESOLUTION #19243 July 18, 2019
BY: Commissioner Gary McGillivray, Chairperson, Public Safety and Social Justice Committee
IN RE: SHERIFF'S OFFICE - 2019 HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDTA) -
GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Office of National Drug Control Policy (ONDCP) has awarded the Michigan State Police
funding for the Oakland County Narcotics Enforcement Team (NET) initiative as part of the 2019 High
Intensity Drug Trafficking Areas (HIDTA) Grant Program; and
WHEREAS the total grant award is $140,000 with no county match required; and
WHEREAS the grant funding period is January 1, 2019 through December 31, 2019; and
WHEREAS the grant award will allow partial funding for overtime reimbursement of NET Investigators in
the amount of $115,000; and
WHEREAS the grant award will allow for purchase of communications services in the amount of $25,000;
and
WHEREAS Oakland County will issue subrecipient agreements to reimburse partial overtime for
investigations to the local units of government that are part of the Narcotics Enforcement Team; and
WHEREAS the grant agreement has completed the Grant Review Process in accordance with
Miscellaneous Resolution #19006.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
2019 High Intensity Drug Trafficking Areas (HIDTA) Grant award, for the period January 1, 2019 through
December 31, 2019, in the amount of $140,000.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached
2019 High Intensity Drug Trafficking Areas (HIDTA) Grant Subrecipient Agreement and authorizes its
Chairperson to execute this agreement with the following local units of government:
• City of Auburn Hills - Auburn Hills Police Department
• City of Birmingham - Birmingham Police Department
• City of Farmington - Farmington Department of Public Safety
• City of Farmington Hills - Farmington Hills Police Department
• City of Ferndale - Ferndale Police Department
• City of Hazel Park - Hazel Park Police Department
• City of Madison Heights - Madison Heights Police Department
• City of Pontiac - Oakland County Sheriff's Office (OCSO) Pontiac Substation
• City of Rochester - Rochester Police Department
• City of Rochester Hills - OCSO Rochester Hills Substation
• City of Royal Oak - Royal Oak Police Department
• City of Troy - Troy Police Department
• Bloomfield Township - Bloomfield Township Police Department
• Commerce Township - OCSO Commerce Township Substation
• Waterford Township - Waterford Township Police Department
• West Bloomfield Township - West Bloomfield Township Police Department
• Village of Franklin - Franklin Village Police Department
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of
the original award, which are consistent with the original award as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment and continuation of this program is contingent upon continued future levels of grant funding.
BE IT FURTHER RESOLVED that the FY 2019 budget is amended as follows:
PUBLIC SAFETY AND SOCIAL JUSTICE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
GENERAL FUND (#10100)
Grant: 100000002919 Budget Ref. 2019 Activity: GLB; Analysis: GLB
Revenue
4030901-110090-610313
Expenditures
4030901-110090-712020
4030901-110090-730324
4030901-110090-731465
Federal Operating Grants
Total Revenue
Overtime
Communications
Program
Total Expenditures
Chairperson, on behalf of the Public Safety and Social Justice Committee,
foregoing resolution.
FY2019
$140,000
140 000
$ 46,000
25,000
69,000
$140,000
I move the adoption of the
Commissi•ner
Chairperson, P
ary McGillivray, Dist'ict #20
blic Safety and Social Justice Committee
GRANT REVIEW SIGN -OFF --- Sheriff's Office
GRANT NAME: 2019 High Intensity Drug Trafficking Areas (HIDTA) Grant
FUNDING AGENCY: Office of National Drug Control Policy as a subrecipient of Michigan State Police
DEPARTMENT CONTACT PERSON: Tammy Feole/(248) 858-2866
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 6/17/19
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison
Committee Resolution, the grant agreement/contract, and this Sign -Off email containing grant review comments) may be
requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board
resolution,
DEPARTMENT REVIEW
Management and Budget:
Approved — Laurie Van Pelt (5/31/19)
Human Resources:
HR Approved — No I -IR implications Lori Taylor (5/31/19)
Risk Management:
Approved by Risk Management. — Robert Erlenbeck (6/3/19)
Corporation Counsel:
Approved by Corporation Counsel solely with respect to there being no outstanding legal issues with the grant
acceptance. — Robert Rottach (5/31/19)
Page 1 of 8
i
)Uxecufve Office of the President
Office of National Drug Control Policy
Grant Agreement
1,
Recipient Name and Address
Douglas J. Spitzley
Michigan State Police
333 S. Grand Avenue PO Box 30634
Lansing, MI 48909-0634
4. Award Number (FAIN): G19SM0002A
5. Period of Performance:
From 01/01/2019 to 12/31/2020
2.
Total Amount of the Federal Funds Obligated:
$1,865,077
6. Federal Award Date:
April 22, 2019
7. Action:
Initial
2A.
Budget Approved by the Federal Awarding
Agency $1,865,077
8. Supplement Number
3.
CFDA Milne and Number:
High Intensity Drug Trekking Areas
Program - 95.001
9. Previous Award Amount:
.
3A,
Project Description
High Intensify Drug Trafficking Areas (IIIDTA)
Program
10, Amount of Federal Funds Obligated by this
Action:
$1,865,077.00
11. Total A.niount of Federal Award:
$1,865,077.00
12.
This Grant is non -R&D and approved subject to si ch conditions or limitations as are set forth on the
attached pages.
13.
Statutory Authority for Grant: Public Law 116-6
Ak IGNC Y A PI�Q i> AI,
•1
RL3G)CP NT E'�'1I�I
F
14.
Typed Name and Title of Approving Official
Shannon Kelly
National F'IIDTA Director
Office of National Drug Control. Policy
15. Typed Name and Title of Authorized Offieial
Chief Accountant
Douglas J'. Spitzley
Michigan State Police
16.
Signature of Approving ONDCP Official
17. Si,nature of Authorize 1%
t. ' 4/ 6 41
Recipient/Date
/
-,/
•ir le p 40 ar
AGI NCX r7,S1G ONLX c.7., ' t£ $1._. _ R , -.;... 't , .t::
18.
Accounting Classification Code
DUNS: 805340247
EMI: 13860001341(1
19, DIDTA AWARD
OND1070DB1920XX O1TD6113
OND2000000000 OC 410001
PROGRAM YEAR 2019
HIGH INTENSITY DRUG TRAFFICKING ' A (IIIDTA)
SIJBRECIPIENT AGREE 1 NT BETWEEN
THE COUNTY OF OAICLAND AND [Municipality]
Data Universal Numbering System (DUNS) #: [1
This Agreement is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph,
Pontiac, Michigan 48341 ("County") and [Municipality], [Address], a Michigan Municipal Corporation
("Municipality"). The County and Municipality shall be collectively referred to as the "Parties."
PURPOSE OF AGREEMENT.
The Parties enter into this Agreement for the purpose of delineating their relationship and responsibilities
-regarding the County's use of Grant funds (defined below) to reimburse the Municipality for overtime
expenses that it incurred related to its participation in the Oakland County Narcotic Enforcement Team
a multijurisclictional drug enforcement task force under the direction and supervision of the
Oakland County Sheriff s Office ("OCSO").
Under the Parties' separate N.E.T. agreement, the Municipality is responsible for providing a full-time
employee for participation in N.E.T. and for all costs associated with that employment, including
overtime.
The County, as the legal entity that administers N.E.T., submitted an Initiative Description and Budget
Proposal (Exhibit A) to the Executive Board for Michigan II1DTA requesting the United States Office
of National Drug Control Policy ("ONDCP") to grant N.E.T an award of $115,000.00 for program year
(PY) 2019 to reimburse N.E.T. participating agencies for eligible law enforcement officer overtime. PY
2019 begins January 1, 2019 and ends December 31, 2019.
If ONDCP grants N.E.T. an award for PY 2019, the ONDCP disburses the HIDTA grant funds to the
Michigan State Police ("MSP"). To receive the Grant funds for overtime costs, N.E.T. must submit
requests for reimbursement with the required supporting documentation to Michigan TelIDTA. If
Michigan HIDTA approves the N.E.T. overtime reimbursement requests, the MSP should distribute the
Grant funds to County on behalf of N.E.T. The County has the authority to allocate a portion of the
Grant funds to reimburse the Municipality for qualifying overtime costs subject to the terms and
conditions of this Agreement.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following terms, whether used in the singular or plural, within or without
quotationmarks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows.
LI.
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,
2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
(Municipality]
Page 1 of 11
Rev. April 2019
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 County or Municipality, or the County's or
Municipality's agents or employees, whether such claim is brought in law or equity, tort,
contract, or otherwise.
1.2. Grant funds mean the funds that may be awarded to the County and the other participating
agencies in N.E.T. pursuant to Michigan HIDTA initiative Description and Budget Proposal
Version 2019 (Exhibit A) submitted to Michigan HIDTA by County on behalf of itself and the
other participating agencies in N.E.T.
2. EXHIBITS, The Exhibits listed below are incorporated and are part of this Agreement.
2.1. Exhibit A — Michigan HIDTA Initiative Description and Budget Proposal Version 2019,
2,2. Exhibit B - Template Request for HIDTA Overtime Reimbursement (Locals to County).
2,3. Exhibit C — Sample letter regarding notification of current overtime pay rate.
2.4. Exhibit D — Sample overtime slip, signed by the officer's supervisor that supports each
Request for HIDTA Overtime Reimbursement.
2.5. Exhibit E — Sample paystub or payroll report that supports each Request for HIDTA
Overtime Reimbursement.
3. FEDERAL AWARD PROJECT DESCRIPTION,
3.1. Catalog of Federal Domestic Assistance ("CFDA”) #: 95.001
3.2. Federal Awarding Agency: United States Office of National Drug Control Policy ("ONDCP")
3,3. Prograin: High Intensity Drug Trafficking Areas (HIDTA)
3.3,1, HIDTA Objective: To reduce drug trafficking and drug production in the United States by
(A) facilitating cooperation among Federal, State, local, and tribal law enforcement agencies
to share information and implement coordinated enforcement activities; (B) enhancing law
enforcement intelligence sharing among Federal, State, local, and tribal law enforcement
agencies; (C) providing reliable law enforcement intelligence to law enforcement agencies
needed to design effective enforcement strategies and operations; and (D) supporting
coordinated law enforcement strategies which maximize use of available resources to reduce
the supply of illegal drugs in designated areas and in the United States as a whole.
3.4„ Period ofPerformance: January 1, 2019 through December 31, 2019.
3.5. The Federal Award Identification Number (FAIN) is provided in the HIDTA Grant Agreement
between ONDCP and MSP, which is incorporated into this Agreement by reference,
2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
SUBRECIPI ENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[MunicipaIRA
Page 2 of 11
Rev, April 2019
4. USE OF TA FUNDS.
4.1, The total amount of the federal award for overtime costs committed to the Municipality and
obligated by this action by the County to the Municipality is not to exceed $4,600.00 for each
participating law enforcement officer. That amount is based on the number of N.E.T
participating agencies and eligible law enforcement officers at the time this Agreement was
executed by both Parties. If the number of N.E.T participating agencies and/or eligible law
enforcement officers changes during the term of this Agreement, the total amount of the federal
award for overtime costs committed to the Municipality and obligated by this action by the
County to the Municipality amount may change as funds are available on a pro rata basis. Such
commitment and obligation for overtime costs is contingent upon the ONDCP awarding the
Grant funds to N.E.T and the MSP reimbursing the County.
4.2. The County will reimburse the Municipality up to $4,600.00 for each participating law
enforcement officer for qualifying N.E.T.-related overtime. That amount is based on the
number of N.E.T participating agencies and eligible law enforcement officers at the time this
Agreement was executed by both Parties. If the number of N.E.T participating agencies and/or
eligible law enforcement officers changes during the term of this Agreement, the maximum
reimbursement amount may change as funds are available on a pro rata basis. Such
reimbursement shall only be made after the supporting documentation is submitted by the
Municipality and approved by the County, as described in Paragraph 5.1. Such reimbursement
is contingent upon the ONDCP awarding the grant funds to N.E.T and the MSP reimbursing
the County.
IIIDTA funds shall be used to pay overtime only if the overtime was performed in support
of a HIDTA-designated Enforcement initiative or Intelligence and information Sharing
Initiative, HJDTA funds shall not be used to pay overtime related to training attendance,
financial management, drug treatment, drug demand reduction or prevention, or non-
investigative related administrative work.
4.2.2. No HIDTA funds shall be used to supplant the Municipality's funds that would otherwise
be made available for the same purposes.
4,3. There is no research and development performed pursuant to this Agreement.
4.4. No indirect costs shall be charged or reimbursed under performance of this Agreement.
5. REIMBURSEMENT OF ELIGIBLE NET OVERTIME.
5.1. To request reimbursement for eligible N.E.T. overtime costs, the Municipality shall submit to
the County the documentation described in the following subparagraphs no later than thirty
(30) days after PY 2019 has expired. If the County, in its sole discretion, determines that the
documentation submitted by the Municipality does not reconcile, then the Municipality shall
provide any additional documentation requested by the County in order to process payment.
2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[Municipality]
Page 3 of 11
Rev, April 2019
5.1.1. A fully completed and signed Request for HIDTA Overtiine Reimbursement attached as
Exhibit B.
5.1.2. A letter substantively similar to the sample letter regarding notification of current overtime
pay rate attached as Exhibit C.
5.1.3, Overtime slips, signed by the officer's supervisor, that support each Request for HIDTA
Overtime Reimbursement. The overtime slips shall be substantively similar to the sample
overtime slip attached as Exhibit D.
5,1.4. The paystub or payroll report that supports each Request for HIDTA Overtime
Reimbursement, The paystub or payroll report shall be substantively similar to the sample
paystub attached as Exhibit E.
5.2, County will only reimburse Municipality for approved overtime costs after County has
received the Grant funds from MSP for that particular reimbursement request.
6. GENE AL COMPLIANCE.
6,1 The Municipality shall comply with to 28 C.F.R. Part 69 (New Restrictions on Lobbying)
and 2 C.F.R. Part 25 (Universal Identifier- and System of Award Management)..
6,2, The Municipality shall comply with the Government -wide Suspension and Debarment
provision set forth at 2 CFR Part 180.
6.3. The Municipality, shall perform all activities in accordance with The Uniform Administrative
Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200 (the "Part 200
Uniform Requirements"), as adopted and implemented by the Office of National Drug
Control Policy (ONDCP) in 2 C.F.R. Part 3603. For this award, the Part 200 Uniform
Requirements supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as
well as those of 2 C.F.R. Parts 215, 220, 225, and 230.
6.4. The Municipality shall comply with ONDCP's HIDTA Program Policy and Budget
Guidance, all other applicable Federal, state, and local laws and regulations, and the terms
and conditions contained in this Agreement.
6.5, The Municipality shall comply with all applicable requirements for subrecipients that are
provided in the HIDTA Grant Agreement between ONDCP and MSP. The HIDTA Grant
Agreement between ONDCP and MSP will be provided to the Municipality within a
reasonable time after the County receives a copy of it.
6.6. As specified in the HIDTA Program Policy and Budget Guidance, the Municipality must;
6.6,1. Establish and maintain effective internal controls over the Federal award that provides
reasonable assuranee that Federal award funds are managed in compliance with Federal
2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
sUBRECIPIENTAGREEMENT BETWEEN
OAKLAND COUNTY
AND
(M�aniclpalify];
Page 4 of 11
Rev. April 2019
statutcs, regulations and award terms and conditions. These internal controls should be in
compliance with the guidance in "Standards for Internal Control in the Federal
Government," issued by the Comptroller General of the United States and the "Internal
Control Integrated Framework," issued by the Committee of Sponsoring Organizations of
the Treadway Commission (COSO).
6.6.2. Comply with Federal statutes, regulations, and the terms and conditions of the Federal
awards.
6,6.3. Evaluate and monitor compliance with applicable statute and regulations, and the terms
and conditions of the Federal award.
6.6,4. Take prompt action when instances of noncompliance are identified, including
noncompliance identified in audit findings.
6.6.5. Take reasonable measures to safeguard protected personally identified information (PII)
and other information ONDCP or the Municipality designates consistent with applicable
Federal, state, and local laws regarding privacy and obligations of confidentiality.
7. FINANCIAL ACCOUNTABILITY AND AUDIT REQUIREMENTS.
7.1. The Municipality shall maintain standards of financial accountability that conform to 2
C.F.R. §200.302 (Financial Management) and 2 C.F.R. §200.303 (Internal Controls).
7.2. The Municipality shall comply with audit requirements contained in 2 C.F.R. Part 200,
Subpart F, which requires the Municipality to have an annual audit conducted within nine (9)
months of the end of their fiscal year, if the Municipality has an aggregate expenditure of
more than $750,000 in federal funds in a fiscal year. Any deficiencies noted in audit reports
must be fully cleared by the Municipality within thirty (30) days after receipt of sante. The
Grant funds spent by the County on behalf of the Municipality for training expenses shall be
included on the Schedule of Expenditures of Federal Awards if the Municipality is required
to have a single audit performed. Municipalities that are exempt from the Single Audit
requirements that receive less than $750,000 of total Federal funding must submit a Financial
Statement Audit prepared in accordance with Generally Accepted Auditing Standards
("GAAS") if the audit includes disclosures that may negatively impact the HIDTA program
including, but not limited to fraud, financial misstatements, and violations of any contract or
grant provisions. The County shall have the right to review and audit all records of the
Municipality pertaining to any payment by the County.
8. CONFLICT OF INTEREST.
8.1. The Municipality shall comply with the following ONDCP conflict of interest policies:
8.1.1. As a non -Federal entity, you must maintain written standards of conduct covering
conflicts of interest and governing the perforrnanee of your employees engaged in the
selection, award, and administration of subawards and contracts.
2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[Municipality]
Page 5 of 11
Rev. April 2019
8.1.2. None of your employees may participate in the selection, award, or administration of a
subaward or contract supported by a Federal award if he or she has a real or apparent
conflict of interest, Such a conflict of interest would arise when the employee, officer, or
agent, any member of his or her immediate family, his or her partner, or an organization
which employs or is about to employ any of the parties indicated herein, has a financial or
other interest in or, a tangible personal benefit from an organization considered for a sub-
award or contract. The officers, employees, and agents of the non -Federal entity must
neither solicit nor accept gratuities, favors, or anything of monetary value from
subrecipients or contractors or parties to subawards or contracts.
813. If you have a parent, affiliate, or subsidiary organization that is not a State, local
government, or Indian tribe, youmustalso maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts of interest means that because
of relationships with a parent company, affiliate, or subsidiary organization, you are unable.
or appear to be unable to be impartial in conducting a sub -award or procurement action
involving a related organization.
9. MANDATORY DISCLOSURE.
9.1. As a non -Federal entity, the Municipality must disclose, in a titnely`manner, in writing to
ONDCP all violations of Federal criminal law involving fraud, bribery or gratuity violations
potentially affecting the Federal award. Non -Federal entities that have received a Federal
award that includes the term and condition outlined in 200 CFR Part 200, Appendix Xll
"Award Term and Condition for Recipient Integrity and Performance Matters," are required
to report certain civil, criminal, or administrative proceedings to System for Award
Management (SAM). Failure to make required disclosures can result in remedies such as:
temporary withholding of payments pending correction of the deficiency, disallowance of all
or part of the costs associated with noncompliance, suspension, termination of award,
debarment, or other legally; available remedies outlined in 2 CFR 200.338 "Remedies for
Noncompliance",
10. ' CORD RETENTION.
10.1. The Municipality shall comply with the record retention provisions of 2 C.F.R. 200.333
(Retention requirements for records).
10.2. The Municipality should, whenever practicable, collect, transmit, and store Federal award -
related information in open and machine-readable formats rather than in closed formats or on
paper in accordance with 2 C.F.R. 200.335 (Methods for collection, transmission and storage
of information),
11. ACCESS TO RECORDS.
11.1. The Federal awarding agency, Inspectors General, the Comptroller General of the United
States, and the County, or any of their authorized representatives, have the right of access to
2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[Municipality]
Page6 of 11
Rev, April 2019
any documents, papers, or other records of the Municipal entity which are pertinent to the
Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also
includes timely and reasonable access to the Municipality's personnel for the purpose of
interview and discussion related to such documents. The right of access to the Municipality's
records is not limited to the required retention period but last as long as the records are
retained,
11.2. The Municipality shall permit the County and auditors to have access to the Municipality's
records and financial statements as necessary for the County to meet the requirements of 2
C.F.R. Part 200.
12. TERM.
12.1. This 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 when the
Agreement is filed according to MCL 124.510, The approval and terns of this Agreement and
any amendments hereto shall be entered in the official minutes of the governing bodies of each
Party This Agreement shall end on December 31, 2019.
13. ASSU • CES.
13.1. 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.
13.2. 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 terns and conditions
contained herein.
Each Party shall comply with all federal, state, and local ordinances, regulations,
adininistrative rules, laws, and requirements applicable to its activities performed under this
Agreeanent.
14. TERMINATION OF AGREEMENT.
14.1: This Agreement may be terminated in whole or in part as follows;'
14.1.1. by the County, if the Municipality fails to comply with the terms and
Agreement;
14.1.2. by the County f ' cause;
0
onditions of
is
14.1.3. by the County with the consent of the Municipality, in which case the two parties must
agree upon the termination conditions, including the effective date and, in the case of partial
termination, the portion to be terminated;
2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
SURRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[Municipality]
Page 7 of 11
Rev. April 2019
14, 4. by the Municipality upon sending to the County written notification setting forth the
reasons for such termination, the effective date, and, in the case of partial termination, the
portion to be terminated. However, if the County determines in the case of partial termination
that the reduced or modified portion of the subaward will not accomplish the purpose for
which this Agreement was made, the County may terminate the Agreement in its entirety
14.2, The County must provide to the Municipality a notice of termination. Written suspension or
notice of termination will be sent to the Municipality's business address. If this Agreement is
terminated or partially terminated, both the County and the Municipality remain responsible
for compliance with the requirements at 2 CFR. 200.343 Closeout and 2 CFR 200344Post
closeout Adjustments and Continuing Responsibilities.
I CLOSEOUT.
15.1. The County shall close -ort this Agreement when it determines that all applicable
administrative actio
Municipality.
15.2. The Municipality shall comply with the closeout provisions of 2 C.F.R. 200.343 (Closeout)..
POST-CLOSEOUTA JUT NT A CONTINUING. ON I IL T1 .
16.1. The closeout of this Agreement does not affect any of the following:
16.1.1. The right of County to disallow costs and recover funds on the basis of a later audit or
other review. The County must make any cost disallowance determination and notify the
Municipality within the record retention period;
16.1.2, The obligation of the Municipality to return any funds due as a result of later refunds,
corrections, or other transactions including final indirect cost rate adjustments;
16.1.3. Audit requirements in Subpart F—Audit Requirements of 2 G.F.R. Part 200.
16.1.4. Records retention as required in Subpart D—Post Federal Award Requirements of this
part, §200,333 Retention, requirements for records through §200,337 Restrictions on public
access to records.
17, . EIES T NONCO ISL C
17.1. If the Municipality fails to comply with federal statutes, regulations, or the tetrats and
conditions of this Agreement, the County may impose additional conditions, as described in 2
CFR §200.207 Specific Conditions. If the County determines that noncompliance cannot be
remedied by imposing additional conditions, the County may one or more of the following
actions, as appropriate in the circumstances,
and all required work under this Agreement have;' been completed by
16
2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[Municipality]
Page 8 of 11
Rev. April 2019
17.1.1. temporarily withhold cash payments pending correction of the deficiency by the
Municipality or more severe enforcement action by the County;
17.1.2. disallow (that is, deny both use of funds and any applicable matching credit for all or part
of the cost of the activity or action not in compliance;
17,1,3. wholly or partly suspend or terminate the Agreement;
17.1.4. recommend that the Federal awarding agency initiate suspension or debarment proceedings
as authorized under 2 CFR Part 180 and Federal awarding agency regulations;
17,1.5, withhold further funds for the project or program;
17.1,6. take other remedies that may be legally available.
18. NO TIIIRD-PARTY BENEFICIA 1 S. 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.
19. 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,
20. 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 Agreerrient.
21. 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 irmnunity of the Parties.
22. 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.
23. 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.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[Municipality]
Page 9 of 11
Rev, April 2019
24. 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.
25. CAPTIONS. The section and subsection numbers and captions in this Agreement are intended for
the convenience of the reader and are not intended to have any substantive meaning. The nuanbers
and captions shall not be interpreted or be considered as part of this Agreetrient. 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.
26. 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.
26.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Board of
Cornirnissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy to
Oakland County Sheriffs Office, Sheriff Fiscal Officer, 1200 N. Telegraph, Bldg. 38E,
Pontiac, Michigan 48341.
26.2. If Notice is sent to the Political Subdivision, it shall be addressed to: [Municipality]
26.3. Either Party may change the address and/or individual to which Notice is sent by notifying the
other Party in writing of the change.
27. CONTACT INFORMATION.
County of Oakland
Lieutenant Brent Miles
Investigative & Forensic Services Division
Narcotics Enforcement Team
Office: 248-858-1722
Fax: 248-8584754
Email: rnilesbr@oakgov.corn
IMunicipalitvl
28. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of
the State of Michigan, without regard to Michigan's conflict of laws provisions.
29. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and executed by both Parties.
2019 HIGH INTENSITY DRUG TRAFFICKING AREA 1HIDTA) GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[Municipality)
Page 10 of 11
Revi April 2019
30. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding
between the Parties. This Agreement supersedes all other oral or written agreeunents 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, David T. Woodward, Chairperson, Oakland County Board of
Commissioners, 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, and hereby accepts;
and binds the County to the terms and conditions of this Agreement.
EXECUTED:
1TNESSED:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
Printed ]`carne:
Title:
DATE:
DATE:
I ITNSS WHEREOF, acknowledges that he/she has been authorized
by a resolution of the Municipality's governing body, a certified copy of which is attached, to execute this
Agreement, and hereby accepts and binds the Municipality to the terms and conditions of this Agreement..
EXECUTED:
WITNESSED:
Printed Name:
Title:
Printed Name:
Title:
DATE:
DATE:
2019 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[MUnicipaiity]
Page 11
Rev. April 2019
Resolution #19243 July 18, 2019
Moved by Luebs seconded by Hoffman the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted),
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, VVeipert, Woodward, Zack,
Gershenson. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A(7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lisa Brown, 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 July 18, 2019,
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 Circuit Court at Pontiac,
Michigan this 18th day of July, 2019,
Lisa Brown, Oakland County