HomeMy WebLinkAboutInterlocal Agreements - 2022.07.19 - 37515PROGRAM YEAR 2022
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND TOWNSHIP OF WATERFORD
Data Universal Numbering System (DUNS)#:074244286
(a
This Agreement is made between Oakland County,a Constitutional Corporation,1200 North Telegraph,
Pontiac,Michigan 48341 ("County")and Township of Waterford,5200 Civic Center Dr.,Waterford,MI
48328,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
(“N.E.T.”),a multijurisdictional drug enforcement task force under the direction and supervision of the
Oakland County Sheriffs 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 HIDTArequesting the United States Office
of National Drug Control Policy (““ONDCP”)to grant N.E.T.an award for program year (PY)2022 to
reimburse N.E.T.participating agencies for eligible law enforcement officer overtime.PY 2022 begins
January 1,2022 and ends December 31,2022.
If ONDCP grants N.E.T.an award for PY 2022,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 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
quotation marks,or possessive or nonpossessive,shall be defined,read,and interpreted as follows.
2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
TOWNSHIP OF WATERFORD
Page 1of11 Rev.February 2022
Lil.
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 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.
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 2022 (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.
Dols
2.2.
2.3.
2.4.
25.
Exhibit A —Michigan HIDTA Initiative Description and Budget Proposal Version 2022.
Exhibit B -Template Request for HIDTA Overtime Reimbursement (Locals to County).
Exhibit C —Sample letter regarding notification 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.
3.FEDERAL AWARD PROJECT DESCRIPTION.
3:1.
3.2.
3:3:
3.4.
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 enforcementactivities;(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 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.
Period of Performance:January 1,2022 through December 31,2022.
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SUBRECIPIENT AGREEMENT BETWEEN
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AND
TOWNSHIP OF WATERFORD
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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.
4.USE OF HIDTA FUNDS.
4.1.
4.2.
4.3.
4.4.
The total amountof 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 $5,000.00 for each
participating law enforcement officer unless otherwise provided herein.That amount is based
on the numberof 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
amountof 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 $5,000.00 for each participating law
enforcementofficer for qualifying N.E.T.-related overtime unless otherwise provided herein.
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 reimbursementis 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 Enforcementinitiative 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 HIDTA funds 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.
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 2022 has expired.If the County,in its sole discretion,determines that the
2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
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TOWNSHIP OF WATERFORD
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5.2.
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.
5.1.1.A fully completed and signed Request for HIDTA Overtime Reimbursementattached 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 bythe 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.
County will only reimburse Municipality for approved overtime costs after County has
received the Grant funds from MSP for that particular reimbursement request.
.GENERAL COMPLIANCE.
6.1.
6.2.
6.3.
6.4.
6.5.
6.6.
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 of28 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 HIDTA Program Policy and Budget
Guidance,all other applicable Federal,state,and local laws and regulations,and the terms
and conditions contained in thisAgreement.
The Municipality shall comply withall 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.
As specified in the HIDTA Program Policy and Budget Guidance,the Municipality must:
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SUBRECIPIENT AGREEMENT BETWEEN
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TOWNSHIP OF WATERFORD
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6.6.1.Establish and maintain effective internal controls over the Federal awardthat provides
reasonable assurance that Federal award funds are managed in compliance with Federal
statutes,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.
Fl.
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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).
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 notedin audit reports
mustbe fully cleared by the Municipality within thirty (30)days after receipt of same.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 bythe County.
8.CONFLICT OF INTEREST.
8.1.The Municipality shall comply with the following ONDCP conflict of interest policies:
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SUBRECIPIENT AGREEMENT BETWEEN
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TOWNSHIP OF WATERFORD
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8.1.1.Asanon-Federal entity,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 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 memberof his or her immediate family,his or her partner,or an organization
which employs or is about to employanyof 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 Indiantribe,you mustalso 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 procurementaction
involving a related organization.
9.MANDATORY DISCLOSURE.
9.1,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
awardthat 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.
10.2.
The Municipality shall comply with the record retention provisions of 2 C.F.R.200.333
(Retention requirements for records).
The Municipality should,whenever practicable,collect,transmit,and store Federal award-
related information in open and machine readable forniats 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).
2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
TOWNSHIP OF WATERFORD
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Rev.February 2022
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
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.
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 terms of this Agreement and
any amendmentshereto shall be entered in the official minutes of the governing bodies of each
Party.This Agreement shall end on December 31,2022.
13.ASSURANCES.
13.1.
13.2.
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 under this
Agreement.
14.TERMINATION OF AGREEMENT.
14.1.This Agreement maybe terminated in whole or in part as follows:
14.1.1.by the County,if the Municipality fails to comply with the terms and conditions of this
Agreement;
14.1.2.by the County for cause;
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SUBRECIPIENT AGREEMENT BETWEEN
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AND
TOWNSHIP OF WATERFORD
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Rev.February 2022
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;
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,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 Agreementin 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 Agreementis
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 closeoutof this Agreementdoes not affect any of the following:
16.1.1.The right of County to disallow costs and recoverfunds on the basis of a later audit or
other review.The County must make anycost disallowance determination and notify the
Municipality within the record retention period;
16.1.2.The obligation of the Municipality to return any funds dueasa 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 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.
17.REMEDIES FOR NONCOMPLIANCE.
17.1.If the Municipality fails to comply with federal statutes,regulations,or the terms 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
2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
TOWNSHIP OF WATERFORD
Page 8 of 11
Rev.February 2022
18.
19.
20.
21.
22.
23.
remedied by imposing additional conditions,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 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.
NO THIRD-PARTY BENEFICIARIES.Except as provided for the benefit of the Parties, this
Agreement does not andis 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.
DISCRIMINATION.The Parties shall not discriminate against their employees,agents,applicants
for employment,or another persons orentities with respect to hire,tenure,terms,conditions,and
privileges of employment,or any matter directly or indirectly related to employmentin 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 governmental
authorizations necessary to carry out its obligations and duties pursuant to this Agreement.
RESERVATION OF RIGHTS.This Agreement does not,and is not intended to waive,impair,
divest,delegate,or contravene anyconstitutional,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 consentof the
otherParty.
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 subsequentbreach 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.
2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
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Rev.February 2022
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
24.SEVERABILITY.Ifa 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 Agreementshall remain in full force.
25.CAPTIONS.The section and subsection numbers and captions in this Agreementare intended for
the convenience of the reader and are not intended to have any substantive meaning.The numbers
and captions shall not be interpreted or be considered as part of this Agreement.Any use of the
singularor 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 Agreementshall 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 personaldelivery;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
Commissioners Chairperson,1200 North Telegraph,Pontiac,Michigan 48341,with a copy to
Oakland County Sheriff's 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:Township of Waterford.
26.3.Either Party may change the address and/or individual to which Noticeis sent by notifying the
other Party in writing of the change.
27.CONTACT INFORMATION.
County of Oakland Township ef Waterford
Lieutenant Sean Jennings Scott Underwood
Investigative &Forensic Services Division Chief of Police
Narcotics Enforcement Team 248-618-7506
Office:248-858-1722 Email:sunderwood@waterfordmi.gov
Fax:248-858-1754 .yo F
Email:jenningss@oakgov.com
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.
2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
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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 languageof this Agreement shall be construed as a whole accordingto its fair meaning,and not construed strictly for or against any Party.
IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board ofCommissioners,acknowledges that he has beenauthorized by a resolutionof the Oakland County BoardofCommissioners,a certified copy of whichis attached,to execute this Agreement,and hereby acceptsandbindstheitytothetermsimeAgreement.
EXECUTED:AL ]DATE:|9 |utDavidT.Woodward,Chairperson
Oakland County Board of Commissioners
WITNESSED:C10.Meccde bed DATE:}.(4-22.
Te dene hun STM CF EL yd
Title:EcRETARY
IN WITNESS WHEREOF,,acknowledges that he/she has been authorizedbyaresolutionoftheMunicipality’s governing body,a certified copy of whichis attached,to execute thisAgreement,and hereby a and binds the Municipality to the terms and conditions of this Agreement.
EXECUTED:A ne pare,_3llof2zPrintedName:af Gaxy Wudll
e SUPE SeyCyTOMY
WITNESSED:\_|)AWelLeo DATE:AA\eoh xPrintedName:Rerhe\le=nlesS
Title:Sener Execautwe Acsistet
2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BSETWEEN
OAKLAND COUNTY
AND
TOWNSHIP OF WATERFORD
Page 11 of 11
Rev.February 2022
Exhibit A
>)Michigan HIDTA
72)3)=>EgSy)
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 BudgetSheet.
Program Year:|2022
Initiative Title: NET -Oakland County Narcotics Enforcement Team
Submitter's Rank/Name: D/Lt.Brent H 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 (J International DTO Focus [J Interdiction Focus
Does this Initiative Routinely Provide Information to the HIDTAInvestigative Support Center (ISDC)?
Yes [JNO
SECTION 2:PROFILE
Initiative Description
Enter Lead Agency: Oakland CountySheriff Office
Enter Location of Initiative (City): Pontiac
Check All That Apply
[7]Initiative is Collocated with other HIDTAInitiatives
Initiative is Staffed with Full-Time Federal and Full-Time State/Local Personnel
(J Full-Time Membersof Initiative are Collocated and Commingled with Federal and State/Local Personnel
Revised November 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 character
limited,nor is it limited to the visible field on the page.It works best to compose the narrative in Word and copy into the
text field on the following page.Please use narrative only to complete this section.The PMP software will not accept
graphs,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 wasfirst 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/addressesfor 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 each line
item amount will be utilized.It is important to relate why each line item is needed and howit 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 budgetnarrative 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 ofeligible officers in your initiative.
Examples:"6 vehicles @ $500/month x 12 months =$36,000;Gasoline Expense,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 how it 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 items 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 Detaii Below
Total Dollar Amount Requested:$135,000
Explain the mission of the initiative and provide a detailed explanation ofthe specific threat(s)identified in the
HIDTA Annual Threat Assessment that this initiative is designed to address.ALL SECTIONS MUST BE
COMPLETED.
INITIATIVE PURPOSE:
The Oakland County Narcotic Enforcement Team (NET)is a cooperative partnership of Federal,County
and local law enforcement agencies in Oakland County located in Southeastern District of Michigan.The
task force is located at the Oakland CountySheriff 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 FOCUS:
Fentanyl and fentanyl mixed with other narcotics continue to be the most lethal categoryofillicit 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 CountySheriff 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 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 NET investigators in order to (1)trace these
seizures back to the source(s):of supply,(2)assist investigators in ultimately disrupting and dismantling
DTOs and seizures back to the source(s) of supply,and (3)assist investigators in ultimately disrupting and
dismantling DTOs and criminal groups.NET investigators monitor DTOtrafficking 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 taskforce is to identify disrupt,and dismantle locai DTO’s and
criminal groups.Ifthe DTOis identified as a multi-state or international organization then this intelligence is
passed on to the DEAfor investigation:and federal prosecution.In addition to DEA participation in NET,
NET further assians two investiaators to work closelv and coordinate with two other DEA aroups.This gi
Agency Positions
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.
Postion The Agency ‘postions |(VewNo)|(Ves/No)[orPareTime Notes
Agent Drug Enforcement Admin 1 No Yes Yes
Property Tech Oakland CountySheriff 1 No Yes Yes
Officer West Bloomfield Police Depargg,1 No Yes Yes
Officer Waterford Police Department 1 No Yes Yes
Officer Troy Police Department 1 No Yes Yes
Officer Rochester Police Department 1 No Yes Yes
Officer Madison Heights Police Depargy|1 No Yes Yes
Officer Hazel Park Police Department 1 No Yes Yes
Officer Franklin Police Department 1 No Yes Yes
Agent United States Department of Ieg 1 No Yes Yes
Officer Ferndale Police Department 1 No Yes Yes
Officer Farmington Hills Police Depargy 1 No Yes Yes
Officer Bloomfield Township Police Dgg 1 No Yes Yes
Officer Birmingham Police Department 1 No Yes Yes
Officer Auburn Hills Police Department 1 No Yes Yes
Office Assistants Oakland County Sheriff 2 No Yes No part time
Lieutenant Oakland CountySheriff 1 No Yes Yes
Investigator Oakland County Prosecutor Ogg 1 No Yes Yes
Executive Secretary Oakland County Sheriff 1 No Yes Yes
Deputy Oakland CountySheriff 7 No Yes Yes
Officer Royal Oak Police Department 1 No Yes Yes
Sergeants Oakland CountySheriff 3 No Yes Yes
Auditor Oakland Count Sheriff 1 No Yes Yes
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.
SECTION3:DTOs
DTO Expected Outputs:
Predict the number of DTOs and MLOs you expect to disrupt and/or dismantle during the Program Year.
Your performancetargets 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 noteInitiative's performance is not compared to the performance of 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 l.ab 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 in
the Notes/Additional Information box.
New HIDTA Cases:
Enter the Number of New HIDTAInitiative Cases Expected to be Opened This Program Year:|350
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:350
Enter the Number of Case Matching Requests Expected to be Submitted This Program Year:|350
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
p
i
c
k
-
u
p
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 Outputs pick 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 HIDTA but will not be reported in PMP.
ALL OTHERHIDTAINITIATIVES
Report ONLYthe four Other Outputs ARRESTS,CRIMINAL GROUPS,FIREARMS SEIZED and T-IIl 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
a
n
y
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 ae a.aSelecttheOtherOutputsyourinitiativeplanstoutilizeinthepicklist boxes below.
A wiretap is a form of electronic
monitoring where a Federal or state
court order authorizes law Other Output:
enforcement to surreptitiously listen
to phone calls or intercept wireless Other Output:
electronic text messages or video
communications.Indicate your plan Other Output:
to utilize wiretaps by selecting T-Ill
WIRETAPS in one Other Output box Other Output:
to the right.
Reporting Wiretaps Other Output:
No projection regarding the number Other Output:
of wiretaps to be utilized is required.
The actual number of wiretaps is Other Output:
reported each quarter on the Task
Force Quarterly Report.Report only Other Output:
the number of lines (telephone
numbers)for which a court order Other Output:
authorized eavesdropping.Do not
report an extension of a court order
for the same telephone line (number)Other Output:
unless the extension is spanning the
calendar year being reported.Note:Other Output:
Dialed number recorders (Pen
Registers)are not considered @ Othe,Output: wiretap for PMP reporting purposes.
MichiganHIDTAExhibitBRequestforHIDTAOvertimeReimbursementMichiganHIDTAMarySzymanski-FinancialManagerFAX:248.356.6513mszymanski@mi.hidta.netREGULAROVERTIMEoOOFFICER'SNAMEANDRANKHOMEDEPARTMENTNAMEPHONENUMBERONEFORMPEROFFICER MAILINGADDRESSFEDERALTAXIDORMSPINDEX/PCAREQUESTINGOFFICERISREQUIREDTOTYPEHIS/HERNAMEINTHEBLUEBORDEREDBOXAPPROVINGTASKFORCECOMMANDERISREQUIREDTOTYPEHIS/HERNAMEINTHEREDBORDEREDBELOW.Bytypingmynameintheboxbelow,|certifythatthisovertimewasincurredBOXBELOW:Bytypingmynameintheboxbelow,|certify|receivedthisovertimerequestfromthepursuanttoHIDTA-relatedinvestigationsonthedatesandintheamountslisted.RequestingOfficer,andhavereviewedandapprovedafterdeterminingittobeincompliancewithONDCPProgramPolicyaspreviouslyprovidedtome. DATEOT#OTHOURSOT HOURLYTOTALENTRYWORKEDWORKEDRATEcosTITEM#COMPLAINT#LOCATION:Address,City/Township/County OVERTIMEAPPROVEDFORSTATE/LOCALOFFICERSONLY.LIMITPEROFFICER1S$8,000ANNUALLYASPERMICHIGANHIDTAPROGRAMPOLICY.FEDERALPARTICIPANTSARENOTELIGIBLETORECEIVEHIDTAOVERTIME. $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 aAlniTm|tt}on}o$0.0000 $0.0000ITEM#PROVIDEABRIEFDETAILOFTHECORRESPONDINGITEM#FROMTHETABLEABOVE. N[_ mM]t]lun]o THISINFORMATIONISCONFIDENTIAL.DISCLOSUREOFCONFIDENTIALINFORMATIONISPROTECTEDBYTHEFEDERALPRIVACYACT.RevisedAugust2019
Exhibit C
YOUR AGENCY LETTERHEAD
January 17,2018
Director Craig Summers
Michigan HIDTA
28 W.Adams
Suite 400
Detroit,MI 48226
Dear Director Summers:
Please accept this correspondence asnotification of the current pay rate for the listed ADD
YOUR AGENCYNAME police officer assigned to the Oakland County Narcotic Enforcement
Team (NET).The rate became effective July 1,2017.
Parent Agency:ADD YOUR AGENCY NAME
Employee Name/Rank:ADD OFFICER'S NAME AND RANK
Regular Pay Rate: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 D
Please Note:This documentis used for illustrative purposes only and the required documentation doesnot 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 overtimerate should also be included unless provided in the paystubor payroll
RE 1:sce
DATE HOURS OVERTIME
_
NET#
07/11/2016 08:30-16:30
07/12/2016 08:30-16:30
07/13/2016 08:30-16:30
07/14/2016 08:30-16:30 4 APPROVED
07/15/2016 08:30-16:30 ___BAe/te
08/01/2016 15:00-23:00
08/02/2016 15:00-23:00
08/03/2016 14:00-00:00 2hour 16-net-419
08/04/2016 44:00-23:00 dhour IR-16-263
08/05/2016 03:00-07:00 Ahour IR-16-264
08/05/2016 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 retum.
Please Note: This document is used for illustrative 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 not
indicate the overtime rate of pay, then please include with the overtime slip.
Exhibit E
CHARTER TOWNSHIP OF WATERFORD
OAKLAND COUNTY,MICHIGAN
PROGRAM YEAR 2022
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND TOWNSHIP OF WATERFORD
RESOLUTION
WHEREAS,the Charter Township of Waterford and the County of Oakland will enter into anAgreementforthepurposeofdelineatingtheirrelationsandresponsibilitiesregardingthe
County’s use of Grant Funds to reimburse the Township for overtime expenses incurredrelatedtoitsparticipationintheCounty’s Narcotic Enforcement Team (N.E.T.);and
WHEREAS,the N.E.T.is a multi-jurisdictional drug enforcement task force under the direction
and supervision of the Oakland County Sheriff’s Office;and.
WHEREAS,Oakland County submitted an Initiative Description and Budget Proposal to the
Executive Board for Michigan High Intensity Drug Trafficking Area (HIDTA)to grant N.E.T.an
award of $135,000 for program year 2022;and
WHEREAS,Oakland County,as the legal entity that administers N-E.T.,has the authority to
allocate a portion of the Grant funds for N.E.T.to reimburse Waterford Township for qualifying
overtime costs subject to the terms and conditions of the Agreement.
NOW,THEREFORE,BE IT RESOLVED,that the Charter Township of Waterford Board of
Trustees approves the Subrecipient Agreement between the County of Oakland and the Charter
Township of Waterford,for the High Intensity Drug Trafficking Area (HIDTA),subjecttoall the
terms and conditions,January 1,2022 through December 31,2022.
BE IT FUTHER RESOLVED,that the Charter Township of Waterford Board of Trustees
authorizes Supervisor Gary Wall to sign all documents necessary in finalizing Agreement.
AYES:Wall,Markee,Thomas,Bartolotta,Hauswirth,Matsura,and Monohon
NAYES:None
ABSENT:None
CERTIFICATION
I,Kim Markee,Township Clerk of the Charter Township of Waterford,County of Oakland,
Michigan,do hereby certify the foregoingis a true and correct copy of a resolution adopted by
the Board at their regular meeting held on the 14 day of March 2022.
Vo /)holKinMarkee,Township Clerk
August 12, 2022
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 July 19, 2022 the Board of Commissioners for Oakland County entered into an agreement per MR #22261 – Sheriff’s
Office – Grant Acceptance from the State of Michigan for the 2022 High Intensity Drug Trafficking Areas (HIDTA) Program.
As required by Urban Cooperation Ac t 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of
Oakland and the Township of Waterford, 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 rece ipt 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: Donna Dyer, Corporation Counsel, Oakland County
Erika Munoz-Flores, Corporation Counsel, Oakland County
Tammy Feole, NET Auditor, OCSO
Kim Markee, Clerk, Township of Waterford
Enclosures