HomeMy WebLinkAboutInterlocal Agreements - 2021.06.17 - 34746
August 3, 2021
Michigan Department of State
Office of the Great Seal
Richard H. Austin Building, 1st Floor
430 W. Allegan
Lansing, MI 48918
Dear Office of the Great Seal:
On June 17, 2021 the Board of Commissioners for Oakland County entered into an agreement per MR #21261 – Sheriff’s
Office – 2021 High Intensity Drug Areas (HIDTA) – Grant Acceptance.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of
Oakland and the City of Royal Oak, and the authorizing Board of Commissioners Resolution are enclosed for filing by your
office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections
Oakland County Clerk/Register of Deeds
County Service Center, Building #14 East
1200 N. Telegraph Rd.
Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND
Joseph J. Rozell, CERA
Director of Elections
Cc: Corporation Counsel, Oakland County
Donna Dyer, Corporation Counsel, Oakland County
Elizabeth Skwarczewski, Technical Specialist, OCSO
Melanie Halas, Clerk, City of Royal Oak
Enclosures
PROGRAM YEAR 2021
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND CITY OF ROYAL OAK
Data Universal Numbering System (DUNS)#:192396752
N I L
This Agreement is made between Oakland County,a Constitutional Corporation,1200 North Telegraph,Pontiac,Michigan 48341 ("County")and City of Royal Oak,211 Williams St.,Royal Oak,MI 48324,aMichiganMunicipalCorporation("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 MunicipalityforovertimeexpensesthatitincurredrelatedtoitsparticipationintheOaklandCountyNarcotic
Enforcement Team (“N.E.T.”),a multijurisdictional drug enforcement task force under the direction andsupervisionoftheOaklandCountySheriffsOffice(““OCSO”).
Underthe Parties’separate N.E.T.agreement,the Municipality is responsible for providing a full-time
employee for participation in N.E.T.andfor all costs associated with that employment,including
overtime.
The County,as the legal entity that administers N.E.T.,submitted an Initiative Description and BudgetProposal(Exhibit A)to the Executive Board for Michigan HIDTA requesting the United States OfficeofNationalDrugControlPolicy(“ONDCP”)to grant N.E.T.an award of $115,500.00 for program year
(PY)2021 to reimburse N.E.T.participating agencies for eligible law enforcementofficer overtime.PY
2021 begins January 1,2021 and ends December 31,2021.
If ONDCP grants N.E.T.an award for PY 2021,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 HIDTA.If
Michigan HIDTAapproves the N.E.T.overtime reimbursementrequests,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
quotation marks,or possessive or nonpossessive,shall be defined,read,and interpreted as follows.
2021 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROYAL OAK
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Rev.January 2021
1.1.
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,courtcosts,investigation expenses,litigation expenses,and amounts paid in settlement,which areimposedon,incurred by,or asserted against the County or Municipality,or the County’s orMunicipality’s agents or employees,whether such claim is brought in law or equity,tort,
contract,or otherwise.
Grant funds mean the funds that may be awarded to the County and the otherparticipatingagenciesinN.E.T.pursuant to Michigan HIDTAInitiative Description and Budget ProposalVersion2021(Exhibit A)submitted to Michigan HIDTA by County on behalf of itself and
the other participating agencies in N.E.T.
.EXHIBITS.The Exhibits listed below are incorporated and are part of this Agreement.
2.1.
2.2.
Dis
2.4.
Dens
3.1.
32.
3.3.
Exhibit A —Michigan HIDTAInitiative Description and Budget Proposal Version 2021.
Exhibit B -Template Request for HIDTA Overtime Reimbursement (Locals to County).
Exhibit C —Sample letter regardingnotification of current overtime payrate.
Exhibit D —Sample overtime slip,signed by the officer’s supervisor that supports each
Request for HIDTA Overtime Reimbursement.
Exhibit E —Sample paystub or payroll report that supports each Request for HIDTA
Overtime Reimbursement.
.FEDERAL AWARD PROJECT DESCRIPTION.
Catalog of Federal Domestic Assistance (“CFDA”)#:95.001
Federal Awarding Agency:United States Office of National Drug Control Policy
(““ONDCP”)
Program: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 enforcementintelligence sharing among Federal,State,local,andtribal law
enforcement agencies;(C)providing reliable law enforcement intelligence to law
enforcement agencies needed to design effective enforcementstrategies and operations;and
(D)supporting coordinated law enforcementstrategies which maximize use of available
resources to reduce the supply of illegal drugs in designated areas and in the United States
as a whole.
2021 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROYAL OAK
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Rev.January 2021
3.4.
Suads
Period of Performance:January 1,2021 through December31,2021.
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.
4.USE OF HIDTA FUNDS.
4.1.
4.2.
4.3.
4.4.
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 $5,250.00 for each
participating law enforcement officer.That amount is based on the number of N.E.T
participating agencies and eligible law enforcementofficers 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.
The County will reimburse the Municipality up to $5,250.00 for each participating law
enforcement officer for qualifying N.E.T.-related overtime.That amount is based on the
numberof N.E.T participating agencies and eligible law enforcementofficers at the timethis
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 reimbursementshall 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.
4.2.1.HIDTA 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.HIDTA 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 HIDTAfunds shall be used to supplant the Municipality’s funds that would otherwise
be made available for the same purposes.
There is no research and development performed pursuant to this Agreement.
Noindirect costs shall be charged or reimbursed under performance of this Agreement.
5.REIMBURSEMENT OF ELIGIBLE NET OVERTIME.
2021 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROYAL OAK
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Rev.January 2021
Jl.
5.2.
6.1,
6.2.
6.3.
6.4.
6.5.
To request reimbursementfor eligible N.E.T.overtime costs,the Municipality shall submit totheCountythedocumentationdescribedinthefollowingsubparagraphsnolaterthanthirty(30)days after PY 2021 has expired.If the County,in its sole discretion,determines that thedocumentationsubmittedbytheMunicipalitydoesnotreconcile,then the Municipality shall
provide any additional documentation requested by the County in order to process payment.
5.1.1.A fully completed and signed Request for HIDTA Overtime Reimbursementattached asExhibitB.
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 paystubor payroll report shall be substantively similar to the sample
paystub attached as Exhibit E.
County will only retmburse Municipality for approved overtime costs after County has
received the Grant funds from MSP forthat particular reimbursementrequest.
-GENERAL COMPLIANCE.
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).
The Municipality shall comply with the Government-wide Suspension and Debarment
provision set forth at 2 CFR Part 180.
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.
The Municipality shall comply with ONDCP’s HIDTAProgram Policy and Budget
Guidance,all other applicable Federal,state,and local laws and regulations,and the terms
and conditions contained in this Agreement.
The Municipality shall comply with all applicable requirementsfor subrecipientsthat are
provided in the HIDTA Grant Agreement between ONDCPand MSP.The HIDTA Grant
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SUBRECIPIENT AGREEMENT BETWEEN
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AND
CITY OF ROYAL OAK
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Rev.January 2021
6.6.
Agreement between ONDCP and MSP will be provided to the Municipality within areasonabletimeaftertheCountyreceivesacopyofit.
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 providesreasonableassurancethatFederalawardfundsaremanagedincompliancewithFederalstatutes,regulations and award terms and conditions.These internal controls should be incompliancewiththeguidancein“Standards for Internal Control in the FederalGovernment,”issued by the Comptroller General of the United States and the “InternalControlIntegratedFramework,”issued by the Committee of Sponsoring Organizations oftheTreadwayCommission(COSO).
6.6.2.Comply with Federal statutes,regulations,and the terms and conditions of the Federalawards.
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 applicableFederal,state,and local laws regarding privacy and obligations of confidentiality.
7.FINANCIAL ACCOUNTABILITY AND AUDIT REQUIREMENTS.
Fels
7.2.
The Municipality shall maintain standards of financial accountability that conform to 2C.F.R.§200.302 (Financial Management)and 2 C.F.R.§200.303 (Internal Controls).
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 reportsmustbefullyclearedbytheMunicipalitywithinthirty(30)days after receipt of same.TheGrantfundsspentbytheCountyonbehalfoftheMunicipalityfortrainingexpensesshallbeincludedontheScheduleofExpendituresofFederalAwardsiftheMunicipalityisrequired
to have a single audit performed.Municipalities that are exempt from the Single Auditrequirementsthatreceivelessthan$750,000 of total Federal funding must submit a FinancialStatementAuditpreparedinaccordancewithGenerallyAcceptedAuditingStandards
(“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 orgrantprovisions.The County shall have the right to review and audit all records of the
Municipality pertaining to any payment by the County.
2021 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROYAL OAK
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Rev.January 2021
8.CONFLICT OF INTEREST.
8.1.The Municipality shall comply with the following ONDCPconflict of interest policies:
8.1.1.As anon-Federalentity,you must maintain written standards of conduct covering
conflicts of interest and governing the performance of your employees engaged in the
selection,award,and administration of subawards and contracts.
8.1.2.None of your employees mayparticipate in the selection,award,or administration of a
subaward or contract supported by a Federal awardif 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 memberof 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.
8.1.3.Ifyou have a parent,affiliate,or subsidiary organization that is not a State,local
government,or Indian tribe,you must also 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.
>.1.As anon-Federal entity,the Municipality must disclose,in a timely 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 XII
“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.RECORD RETENTION.
10.1.The Municipality shall comply with the record retention provisions of 2 C.F.R.200.333
(Retention requirements for records).
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SUBRECIPIENT AGREEMENT BETWEEN
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AND
CITY OF ROYAL OAK
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Rev.January 2021
10.2.The Municipality should,whenever practicable,collect,transmit,and store Federal award-
related information in open and machinereadable 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.
11.2.
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
any documents,papers,or other records of the Municipal entity which are pertinentto 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.
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 amendmentshereto shall be effective when executed by both Parties
with concurrent resolutions passed by the governing bodies of each Party,and when the
Agreementis filed according to MCL 124.510.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.This Agreementshall end on December31,2021.
13.ASSURANCES.
13.1.
13.2:
13.3.
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.
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.
Each Party shall comply with all federal,state,and local ordinances,regulations,
administrative rules,laws,and requirements applicable to its activities performed underthis
Agreement.
14.TERMINATION OF AGREEMENT.
14.1.This Agreement may be terminated in whole or in part as follows:
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SUBRECIPIENT AGREEMENT BETWEEN
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AND
CITY OF ROYAL OAK
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Rev.January 2021
14.1.1.by the County,if the Municipality fails to comply with the terms and conditions of thisAgreement;
14.1.2.by the County for cause;
14.1.3.by the County with the consent of the Municipality,in which case the two parties mustagreeupontheterminationconditions,including the effective date and,in the case of partial
termination,the portion to be terminated;
14.1.4.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,theportiontobeterminated.However,if the County determines in the case of partialterminationthatthereducedormodifiedportionofthesubawardwillnotaccomplishthe
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 200.344 Post-
closeout Adjustments and Continuing Responsibilities.
15.CLOSEOUT.
15.1.The County shall close-out this Agreement when it determines that all applicable
administrative actions and all required work under this Agreement have been completed by
Municipality.
15.2.The Municipality shall comply with the closeout provisions of 2 C.F.R.200.343 (Closeout).
16.POST-CLOSEOUT ADJUSTMENTS AND CONTINUING RESPONSIBILITIES.
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 thebasis 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 dueas a result of later refunds,
corrections,or other transactions includingfinal indirect cost rate adjustments;
16.1.3.Audit requirements in Subpart F—Audit Requirements of 2 C.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.
2021 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROYAL OAK
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Rev.January 2021
17.REMEDIES FOR NONCOMPLIANCE.
18.
19.
20.
21.
22.
17.1.If the Municipality fails to comply with federal statutes,regulations,or the terms andconditionsofthisAgreement,the County may impose additional conditions,as described in2CFR§200.207 Specific Conditions.If the County determines that noncompliance cannot beremediedbyimposingadditionalconditions,the County may take one or more of the
following actions,as appropriate in the circumstances:
17.1.1.temporarily withhold cash payments pending correction of the deficiency by the
Municipality or more severe enforcementaction by the County;
17.1.2.disallow (that is,deny both use of funds and any applicable matchingcredit 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.
NO THIRD-PARTY BENEFICIARIES.Except as provided for the benefit of the Parties,thisAgreementdoesnotandisnotintendedtocreateanyobligation,duty,promise,contractual right orbenefit,right to indemnification,right to subrogation,and/or any otherright,in favor of any other
person or entity.
DISCRIMINATION.TheParties 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.
PERMITS AND LICENSES.Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement,all licenses,permits,certificates,and governmentalauthorizationsnecessarytocarryoutitsobligationsanddutiespursuanttothisAgreement.
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.
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.
2021 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROYAL OAK
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Rev.January 2021
23.
24,
25.
26.
NO IMPLIED WAIVER.Absenta written waiver,no act,failure,or delay by a Party to pursue orenforceanyrightsorremediesunderthisAgreementshallconstituteawaiverofthoserightswithregardtoanyexistingorsubsequentbreachofthisAgreement.No waiver of any term,condition,orprovisionofthisAgreement,whether by conduct or otherwise,in one or more instances,shall bedeemedorconstruedasacontinuingwaiverofanyterm,condition,or provision of this Agreement.No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
SEVERABILITY.Ifa court of competent jurisdiction finds a term,or condition,of this Agreementtobeillegalorinvalid,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.
CAPTIONS.Thesection and subsection numbers and captions in this Agreement are intended fortheconvenienceofthereaderandarenotintendedtohaveanysubstantivemeaning.The numbers
and captions shall not be interpreted or be considered as part of this Agreement.Any use of thesingularorpluralnumber,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.
NOTICES.Notices given under this Agreement shall be in writing and shall be personallydelivered,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 oneof 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 certifiedU.S.mail.
26.1.If Notice is sent to the County,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 Sheriffs Office,Sheriff Fiscal Officer,1200 N.Telegraph,Bldg.38E,
Pontiac,Michigan 48341.
26.2.If Notice is sentto the Political Subdivision,it shall be addressed to:City of Royal Oak.
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.
2021 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROYAL OAK
Page 10 of 12
Rev.January 2021
County of Oakland City of Royal Oak
Lieutenant Brent Miles
Investigative &Forensic Services Division
Narcotics Enforcement Team
Office:248-858-1722
Fax:248-858-1754
Email:milesbr@oakgov.com
28.GOVERNING LAW.This Agreementshall be governed,interpreted,and enforced by the laws oftheStateofMichigan,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.
30.ENTIRE AGREEMENT.This Agreement represents the entire agreement and understandingbetweentheParties.This Agreement supersedes all other oral or written agreements between theParties.The language of this Agreementshall be construed as a whole according to its fair meaning,and notconstruedstrictly for or against any Party.
IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board ofCommissioners,acknowledges that he has been authorized by a resolution of the Oakland County BoardofCommissioners,a certified copy of which is attached,to execute this Agreement,and hereby acceptsandbindstheCountytothetermsandconditionsofthisAgreement.
EXECUTED:DATE:
David T.Woodward,Chairperson
Oakland County Board of Commissioners
WITNESSED:DATE:
Printed Name:
Title:
IN witness waereor,(\\(UNGAl (.POU,(Mayor he/she has beenauthorizedbyaresolutionoftheMunicipality’s governing body,a certified copy of which is attached,toexecutethisAgreement,and hereby accepts and binds the Municipality to the terms and conditions ofthisAgreement.
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2021 HIGH INTE DR FFICKING AREA (HIDTA)GRANTieeeBETWEEN
OAKLAND COUNTY
AND
CITY OF ROYAL OAK
Page 11 of 12
Rev.January 2021
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2021 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROYAL OAK
Page 12 of 12
Rev.January 2021
LADTIIWIt rm
Michigan HIDTA
Initiative Description and Budget Proposal
All Initiatives which seek HIDTA funding must complete this proposal and return to Michigan HIDTA via e-mail
by the announced deadline.Completion of all sections of this proposal is required.The Office of National Drug
Control Policy examines these submissions very closely.Your proposal must be clear,concise and complete.
A complete proposal consists of this form AND the Michigan HIDTA FMS Budget Sheet.
Program Year:|2021 Initiative Title: NET -Oakland County Narcotics Enforcement Team
Submitter's Rank/Name:|D/Lt.Brent Miles
Submitter's Telephone #:|248-858-1722
Submitter's E-mail Address:|milesbr@oakgov.com
SECTION 1:INITIATIVES
Level of Activity -Check all that apply
Local DTO Focus Multi-State DTO Focus [_]International DTO Focus [_]Interdiction Focus
Does this Initiative Routinely Provide Information to the HIDTA Investigative Support Center (ISDC)?
YES [JNO
SECTION 2:PROFILE
Initiative Description
Enter Lead Agency:|Oakland County Sheriff Office
Enter Location ofInitiative (City):|Pontiac MI,Oakland County
Check All That Apply
[J Initiative is Collocated with other HIDTAInitiatives
Initiative is Staffed with Full-Time Federal and Full-Time State/Local Personnel
[-]Full-Time Members of Initiative are Collocated and Commingled with Federal and State/Local Personnel
Revised January 2017
Initiative Description and Budget Proposal Instructions
Enter your initiative description and budget detail in the text box on the following page.The text box is not characterlimited,nor is it limited to the visible field on the page.It works best to compose the narrative in Word and copy into thetextfieldonthefollowingpage.Please use narrative only to complete this section.The PMP software will not acceptgraphs,tables,charts,images,etc.
The narrative section is intended to describe the mission and proposed activities for your initiative (dismantling DTOs,
meth labs,interdicting drugs/money,apprehending fugitives,etc.)and detail your initiative's funding request.This
description should indicate when the initiative was first funded by HIDTA.
Your narrative must be clear,concise and complete.Do not include a long narrative detailing the history or
accomplishments of your initiative.Please limit your initiative description to several short paragraphs.
The first paragraph should clearly identify the threat (drug problem,violent crime,money laundering)in your area.
ONDCP expects detailed information regarding the threat in the HIDTA county/counties which your initiative serves.
Describe the types of drugs being trafficked,the presence/activities of gangs and drug-related violent crime.Include
information on DTOs and MLOs operating in your area.DO NOT use specific names/addresses for any organizations or
provide any information which is law enforcement sensitive or classified.Referring to the Michigan HIDTA Annual Threat
Assessment/Drug Market Analysis is essential when describing the threat in your region.
In the next paragraph discuss your plan to attack the threat in your region.Describe your initiative and detail your
plan to address the specific threats/problems in your area and achieve your performancetargets.If your initiative
consists of multiple teams,explain how each team's activities attack the drug threat in your HIDTA county.Detail how
you will work more efficiently and effectively by conducting intelligence-driven investigations and sharing information
(leads).
The next paragraph(s)should present your budget request.Remember that HIDTA funding is added-value funding and
cannot be used to supplant normal operating budget items.Each budget line item (overtime,equipment,supplies,
vehicles,phones,services,etc.)must be detailed in narrative form,specifying the amount requested and how eachline
item amount will be utilized.It is important to relate why each line item is needed and how it fits into your plan to attack
the threat in your region and attain your performance targets.Provide a clear,concise and complete explanation of all
items in your budget request.The budget narrative will be reviewed by the Michigan HIDTA Steering Committee and
Executive Board before being sent to ONDCP for review and approval.
ONDCP closely examines vehicle expenditures.Lease costs and other vehicle-related expenses must be
detailed.Ensure the number of vehicles and expenses match the number of eligible officers in your initiative.
Examples:"6 vehicles @ $500/month x 12 months =$36,000;Gasoline Expense,6 officers @ $200/month x 12
months =$14,400 .
ONDCP also scrutinizes overtime expenses.Ensure these expenses line-up with eligible officers in your
initiative.ONDCP caps overtime for individual officers at $9,500 annually.The Michigan HIDTAlimits the cap to
$6,500 per officer annually.Each initiative is required to maintain documentation/spreadsheet to ensure these
limits are not exceeded.Example:10 task force officers x $3,000/annually =$30,000 annual overtime.
PLEASE NOTE:Equipment vs.Supplies -There has been a change in how these items are categorized.All items
purchased for $5,000 or more per item are categorized as Equipment.All items purchased for $4,999 or less per item
are categorized as Supplies.
Equipment expenses must be detailed.Provide specifics for what will be purchased,the cost,and howit relates to your
plan to address the threat.Example:10 ballistic shields @ $6,000 each =$60,000.
Supplies expenses must be detailed.Provide specifics for what will be purchased,the cost,and howit relates to your
plan to address the threat.Example:12 laptop computers @ $1,000 each =$12,000.
Service expenses must also be detailed.Example:Monthly cell phone service for 12 officers @ $100/monthly x 12
months =$14,400.
The total of all iterms must match the total entered in the "Total Dollar Amount Requested”field at the top of the next
page.
A complete proposal consists of this form AND the Michigan HIDTA FMS BudgetSheet.
Enter Initiative Description and Budget Proposal Detail Below
Total Dollar Amount Requested:|$135,000.00
INITATIVE PURPOSE:
The Oakland County Narcotic Enforcement Team (NET)is a cooperative partnership of Federal,County and locallawenforcementagenciesinOaklandCountylocatedinSoutheasternDistrictofMichigan.The task force is
located at the Oakland County Sheriff Office in Pontiac,and focuses on mid to upper level drug trafficking
organizations (DTOs)and criminal groups operating in Oakland County.The task force also supports street level
investigative operations targeting smaller quantities of cocaine,crack cocaine,methamphetamine,fentanyl
and controlled prescription drugs.
THREAT PRIORITES:
Fentanyl and fentanyl mixed with other narcotics continue to be the most lethal categoryof illicit substances
misused in Oakland County.Heroin-related overdose deaths remain at high levels in the county.The task force
has observed a substantial increase in methamphetamine distribution and use.Cocaine has become a
resurgent threat and is widely available throughout the county.Controlled prescription drugs remain an area of
concern.
Regional and local DTOs are the primary drug trafficking threats in the NET AOR.These DTOs transport cocaine,
heroin,fentanyl,and methamphetamine into Oakland County.Most of the illegal narcotics remain and are
distributed by local DTOs and criminal groups and eventually consumed by users.
PERSONNEL STRUCTURE AND PARTICIPATING AGENCIES
NET is led by the Oakland County Sheriff Office and supported by the Drug Enforcement Administration (DEA),Homeland Security (HSI),Oakland County Prosecutors Office,Auburn Hills Police Department,Birmingham
Police Department,Bloomfield Township Police Department,Farmington Police Department,Farmington Hills
Police Department,Ferndale Police Department,Franklin Police Department,Hazel Park Police Department,
Madison Heights Police Department,Rochester City Police Department,Royal Oak Police Department,Troy
Police Department,Waterford Police Department,West Bloomfield Police Department in a full time capacity.
The multi-agency approach brings local law enforcement officers from each designated area,and combines
their local investigative capacities as a means to dismantle and disrupt large and mid level DTOs and criminal
groups in Oakland County.
INVESTIGATIVE APPROACH:
NET will leverage HIDTA funds to support investigative overtime and communication services for investigators.
Drug seizures will be thoroughly investigated by NETinvestigators in order to (1)trace these seizures back to
the source(s)of supply,and (2)assist investigators in ultimately disrupting and dismantling DTOs and criminal
groups.NET investigators monitor DTO trafficking patterns and share the information with our federal partners.
The NETtask force initiates investigations into upper and mid level DTOs and criminal groups.The main goal of
the task force is to identify disrupt,and dismantle local DTO’s and criminal groups.If the DTO is identified as a
multi state or international organization then this intelligence is passed on to the DEA for investigation and
federal prosecution.In addition to DEA participation in NET,NET further assigns two investigators to work
closely and coordinate with two other DEA groups.This partnership ensures that interstate and international
DTO’s operating in Oakland County are being thoroughly investigated and prosecuted.NET anticipates seizure
totals in CY2021 to mirror that of CY2020.The initiative also expects to disrupt and/or dismantle (5)DTOs in CY
2021.
AgencyPositions
Summarize the staffing levels you confidently expect to be part of your initiative for the Program Year selected.The
HIDTA Funded box should be marked Yes ONLY when HIDTAfunding covers the salary/wages for the listed position.
Position Title Rgemcy Number of |HIDTA Funded]Collocated|Full Time Notes
Positions (Yes/No)(Yes/No)or Part Time
Lieutenant Oakland County Sheriff 1 No Yes Full
Sergeants Oakland CountySheriff 3 No Yes Full
Deputies Oakland County Sheriff Y,No Yes Full
Auditor Oakland County Sheriff 1 No Yes Full
Property Tech Oakland CountySheriff 1 No Yes Full
Secretary Oakland CountySheriff 1 No Yes Full
Office Assistant Oakland County Sheriff 1 No Yes Part
Officer Auburn Hills Police Dept 1 No Yes Full
Officer Birmingham Police Dept 1 No Yes Full
Officer Bloomfield Twp Police Dept 1 No Yes Full
Agent Drug Enforcement Administra 1 No Yes Full
Officer Farmington City Police Dept 1 No Yes Full
Officer Farmington Hills Police Dept 1 No Yes Full
Officer Ferndale Police Dept 1 No Yes Full
Officer Franklin Police Dept 1 No Yes Full
Officer Hazel Park Police Dept 1 No Yes Full
Agent HSI 1 No Yes Full
Officer Madison Heights Police Dept 1 No Yes Full
Officer Rochester Police Dept 1 No Yes Full
Sergeant Royal Oak Police Dept 1 No Yes Full
Officer Troy Police Dept 1 No Yes Full
Officer Waterford Police Dept 1 No Yes Full
Officer West Bloomfield Police Dept 1 No Yes Full
Investigator Oakland County Prosecutor 1 No Yes Full
Predicting Expected Outputs:When developing your expected outputs for the Program Year,please
ensure you take into consideration your past 2-3 year performance averages.ONDCP frequently
refers to these averages when evaluating future performance target numbers.
SECTION 3:DTOs
DTO Expected Outputs:
Predict the number of DTOs and MLOs you expect to disrupt and/or dismantle during the Program Year.
Your performance targets should be aggressive but reasonably attainable,considering expected staffing and
funding.Remember that your initiative's performance is compared to how successfully it attained its
predicted totals.Please note Initiative's performance is not compared to the performanceof other initiatives.
Include pertinent notes in the Notes/Additional Information box.
DISRUPTED Defined DISMANTLED Defined
Enter Number of DTOs Expected to be Disrupted or Dismantled This Program Year:|5
Notes/Additional Information:
Enter Number of MLOs Expected to be Disrupted or Dismantled This Program Year:|0
Notes/Additional Information:
SECTION 4:CLANDESTINE LABS
Predict the number of each of the following items which you expect to seize during the Program Year.
Include pertinent notes in the Notes/Additional Information box.
Enter the Number of Lab Dump Sites Expected to be Seized 0
Enter the Number of Chemical/Glassware/Equipment Expected to be Seized 0
Enter the Number of Children Expected to be Affected 0
Enter the Number of Meth Labs Expected to be Dismantled 0
Enter the Number of Other Clan Labs (Production/Conversion)Expected to be Dismantled 0
Notes/Additional Information:
SECTION 5:ACTIVITIES
Predict the number of each of the following items for the Program Year.Include pertinent notes intheNotes/Additional Information box.
New HIDTACases:
Enter the Number of New HIDTAInitiative Cases Expected to be Opened This Program Year:|440
Notes/Additional Information:
Case Support:
Enter the Number of Cases Expected to be Provided Analytical Support This Program Year:5
Refer to definition of Analytical Support (AS).Project only number of cases which will receive AS from an
analyst embedded with your TF or the DSEMIIC/MIOC.Do not include cases which will receive AS from an
analyst seated at the HIDTA.A case can be reported receiving AS only ONCE IN A CALENDAR YEAR but
can be counted each calendar year it receives AS.Project the number of separate cases to receive AS in the
year,not the number of times AS is received on all cases.Important:Remember to submit a completed
survey with your quarterly report for each case receiving AS.
Enter the Number of Event Deconflictions Expected to be Submitted This Program Year:800
Enter the Number of Case Matching Requests Expected to be Submitted This Program Year:|450
Notes/Additional Information:
SECTION 6:FUGITIVES
Predict the number of fugitives you expect to apprehend for the Program Year.A Fugitive is defined as an
apprehension made pursuant to some type of court-issued pick-up order,such as an arrest warrant,a writ,
etc.An Arrest is defined as any apprehension made absent any type of court-issued pick-up order,primarily
arrests made on probable cause.Initiative plans to make Arrests during the year are indicated by selecting
Arrests from the Other Outputspick list in Section 7.
Enter the Number of Fugitives Expected to be Arrested This Program Year:|25
Notes/Additional Information:
SECTION 7:OTHER OUTPUTS
ENTRY OF MANDATORY OUTPUTS
FORENSIC ENHANCEMENT -MSP TECHNICAL SUPPORT UNIT -REDRUM
Continue to report Other Outputs contained in the pick list boxes below.Other Output information provided will be
maintained internally at the HIDTAbut will not be reported in PMP.
ALL OTHER HIDTA INITIATIVES
Report ONLYthe four Other Outputs ARRESTS,CRIMINAL GROUPS,FIREARMS SEIZED and T-III WIRETAPS.
This information will be reported in PMP.
FUGITIVES VS.ARRESTS
Fugitives:Provide a projection of how many fugitives your task force will arrest for the year in Section 6:Fugitives.
A fugitive is defined as an apprehension made pursuant to some type of court-issued pick-up order,such as
an arrest warrant,a writ,etc.
Arrests:No projection of how many arrests your task force will make for the year is required.An arrest is defined
as any apprehension made absent any type of court-issued pick-up order;primarily arrests made on
probable cause.Indicate your task force's intentions to make arrests during the year by selecting/loading ARRESTS into one of the Other Output boxes below.
Definition of Wiretap
A wiretap is a form of electronic
monitoring where a Federal or state
court order authorizes law
enforcement to surreptitiously listen
to phone calls or intercept wireless
electronic text messages or video
communications.Indicate your plan
to utilize wiretaps by selecting T-Ill
WIRETAPS in one Other Output box
to the right.
Reporting Wiretaps
No projection regarding the number
of wiretaps to be utilized is required.
The actual number of wiretaps is
reported each quarter on the Task
Force Quarterly Report.Report only
the number of lines (telephone
numbers)for which a court order
authorized eavesdropping.Do not
report an extension of a court order
for the same telephone line (number)
unless the extension is spanning the
calendar year being reported.Note:
Dialed number recorders (Pen
Registers)are not considered a
wiretap for PMP reporting purposes.
Select the Other Outputs your initiative plans to utilize in the pick list boxes below.
Other Output:
Other Output:
Other Output:
Other Output:
Other Output:
Other Output:
Other Output:
Other Output:
Other Output:
Other Output:
Other Output:
Other Output:
ARRESTS
CRIMINAL GROUPS
FIREARMS SEIZED
OFFICER'SNAMEANDRANKMAILINGADDRESSREQUESTINGOFFICERISREQUIREDTOTYPEHIS/HERNAMEINTHEBLUEBORDEREDBOXBELOW.Bytypingmynameintheboxbelow,|certifythatthisovertimewasincurredpursuanttoHIDTA-relatedinvestigationsonthedatesandintheamountslisted.SweewnespyjeenssumeraeRequestforHIDTAOvertimeReimbursementbeAPERZIIGhwMichiganHIDTAMarySzymanski-FinancialManagerFAX:248.356.6513mszymanski@mi.hidta.netEE EREGULAROVERTIMEHOMEDEPARTMENTNAMEPHONENUMBERFEDERALTAXIDORMSPINDEX/PCAAPPROVINGTASKFORCECOMMANDERISREQUIREDTOTYPEHIS/HERNAMEINTHEREDBORDEREDBOXBELOW:Bytypingmynameintheboxbelow,|certify|receivedthisovertimerequestfromtheRequestingOfficer,andhavereviewedandapprovedafterdeterminingittobeincompliancewithONDCPProgramPolicyaspreviouslyprovidedtome. ITEM#COMPLAINT# DATEOTWORKED#OTHOURSWORKEDOTHOURLYTOTALENTRY_RATECOST AT N TM]tT Ny wo $0.0000 ITEM#$0.0000PROVIDEABRIEFDETAILOFTHECORRESPONDINGITEM#FROMTHETABLEABOVE. NIE my tf uny]wo RevisedAugust2019THISINFORMATIONISCONFIDENTIAL.DISCLOSUREOFCONFIDENTIALINFORMATIONISPROTECTEDBYTHEFEDERALPRIVACYACT.
Exhibit C
YOUR AGENCY LETTERHEAD
January 17,2018
Director Craig Summers
Michigan HIDTA
28 W.Adams
Suite 400
Detroit,MI 48226
Dear Director Summers:
e accept this correspondenceas notification of the current pay rate for the listed ADD
police officer assigned to the Oakland County Narcotic Enforcement
Team (NET).The rate became effective 1,
Parent Agency:ADD YOUR AGENCY NAMEEmployeeName/Rank:ADD OFFICER'S NAME AND RANKRegularPayRate:OFFICER'S REGULAR HOURLY RATE
Overtime Pay Rate:OFFICER'S OVERTIME HOURLY RATE
As requested,the overtime rate listed does not include any fringe benefits,such as
retirement,FICA,etc.Please contact my office if additional information is required.
Sincerely,
Exhibit LPleaseNote:This documentis used for illustrative purposes only and the required documentation does not have
to be the same,but must contain the same elements.
Required:Overtime slip signed by officer's supervisor.This item should include name,date,and overtime hours |associated with HIDTA.The overtime rate should also be included unless provided in the paystubor payroll
report.2
DATE HOURS OVERTIME NET#
07/11/2016 08:30-16:3007/12/2016 08:30-16:3007/13/2016 08:30-16:3007/14/2016 08:30-16:30 a APPROVED07/15/2016 08:30-16:30 Jit fie
08/01/2016 45:00-23:0008/02/2016 45:00-23:00
08/03/2016 14:00-00:00 Zhour 16-net-41908/04/2016 44:00-23:00 4hour IR-16-26308/05/2016 03:00-07:00 Ahour [R-16-26408/05/2016 15:00-23:00 .
APPROVING SIGNATURE:
OVERTIME IN RED HAS BEEN TAKEN AS NET TIME (COMP)
OVERTIME IN GREEN HAS BEEN SUBMITED FOR MJ OT GRAMP
Please sign and return.
Please Note:Lhis document Is used for Wlustrative purposes only and the required documentation
does not have to the same,but must contain the same elements.Required:Pay stub or payroll report containing the same information as pay stub.If the paystub does notindicatetheovertimerateofpay,then please include with the overtime slip.
Pay Period Ending on:
Check #:
check Date:
Primary Rate:
Witholding Rate:
Federal Allowances:
00
Exhibit I
eee
08/12/2016
31.2962
[PAYCOD Ts ED |[DEDUCTFON:5LONGEVITYPS0.00 FITW 8,268.40SALARYBO.00 41,498.79/|STTw 1,906.87TRAININGPS0.00 876.28 SOCSEC_EE -2,991.56SICKPS07/01 0.00 625.92 MEDICARE_EE 41.18 699.64F/Y SICK PAYOUT 0.00 594.63)//DUES_PSO 29.63 444.38PSSCKGAP0.00 2,879.25]iPS HBL VISION 9.13 104.73IN_LIEU_MEDPS 0.00 1,846.08 RETIRE_PSOFF 84.97 1,424.49LIFE_INS 0.00 8.96//ICMAPCNT 117.91 2,359.14HOLIDAY0.00 1,251.85)//FLEXPLAN 98.50 1,576.00
SAVINGS PSO 5.60 84.00
PNC 647.59 11,474.94
PNC 1,000.00 16,588.65
ALLY 150.00 2,400.00
TOTALS:80.00 7.00 2,947.69 49,931.76](TOTALS:2,947.69 49,922.80
Net Pay This Period:1,797.59
KKVOLD ¥XR RAK H EVOT De HK HK HK HE EVOT RE Re EE CHE CK STUB REPRINT******
COMPPS 7.50 "0.00 0.00 “0.00 7.50F/¥SICK PAYOUT 0.00 0.00 0.00 0.00 0.00PSKELLYBANK0.00 0.00 0.00 0.00 0.00SICKPS07/01 96.00 0.00 0.00 0.00 96.00SICKPSGAP41.00 0.00 0.00 0.00 41.00VAC_PS 124.00 0.00 0.00 0.00 124.00
08/12/2016
1,797.59
®Royal Oak
Life Now Playing
At a Regular Meeting of the Royal Oak City Commission held on Monday July 26,in City Hall,203 South Troy
Street,the following Resolution was adopted:
Be it resolved,the city commission hereby approves the 2021 high intensity drug trafficking area subrecipient
agreement;and
Be it further resolved,the city commission authorizes the mayor to execute the agreement on behalf of the city.
|hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the Royal Oak City
Commission at a meeting held on July 26,2021.
U l t r a s Hat o r
City Clerk
www.romi.gov