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HomeMy WebLinkAboutInterlocal Agreements - 2022.07.19 - 37523PROGRAM YEAR 2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND CITY OF PONTIAC Data Universal Numbering System (DUNS)#:831471144 This Agreement is made between Oakland County,a Constitutional Corporation,1200 North Telegraph, Pontiac,Michigan 48341 ("County")and City of Pontiac,47450 Woodward Ave.,Pontiac,MI 48342,a Michigan Municipal Corporation ("Municipality").The County and Municipality shall be collectively referred to as the “Parties.” PURPOSE OF AGREEMENT. TheParties 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 thatit incurred related to its participation in the Oakland County Narcotic Enforcement Team (“N.E.T.”),a multijurisdictional drug enforcementtask force under the direction and supervision of the Oakland County Sheriffs Office (“OCSO”). Underthe 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 HIDTA requesting 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 enforcementofficer overtime.PY 2022 begins January 1,2022 and ends December31,2022. 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 reimbursementwith 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. 2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF PONTIAC Page 1of11 Rev.February 2022 1.1. 1.2. Claim means anyalleged 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 HIDTAInitiative Description and Budget Proposal Version 2022 (Exhibit A)submitted to Michigan HIDTA by County on behalf of itself and the otherparticipating agencies in N.E.T. 2.EXHIBITS.The Exhibits listed below are incorporated and are part of this Agreement. 2.1. 2.2. 23% 2.4. 2.5. 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 enforcementintelligence sharing among Federal,State,local,and tribal law enforcement agencies;(C)providing reliable law enforcementintelligence 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. 2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF PONTIAC Page 2 of 11 Rev.February 2022 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. 43. 44. 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 $5,000.00 for each participating law enforcementofficer unless otherwise provided herein.That amountis 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 enforcementofficers 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 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 reimbursementis contingent upon the ONDCP awardingthe grant funds to N.E.T and the MSP reimbursing the County. 4.2.1.HIDTA fundsshall be usedto 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 HIDTAfunds shall be used to supplant the Municipality’s funds that would otherwise be madeavailable for the same purposes. There is no research and development performed pursuantto 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 reimbursementforeligible N.E.T.overtime costs,the Municipality shall submit to the County the documentation described in the following subparagraphs nolater 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 OAKLAND COUNTY AND CITY OF PONTIAC Page 3 of 11 Rev.February 2022 5.2. 6.1. 6.2. 6:3: 6.4. 6.5. 6.6. 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.Overtimeslips,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 reimburse Municipality for approved overtime costs after County has received the Grant funds from MSP for that 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 provisionset 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 otherthings,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 this Agreement. The Municipality shall comply with all applicable requirements for subrecipients that are provided in the HIDTA Grant Agreement between ONDCPand MSP.The HIDTA Grant Agreement between ONDCP and MSP will be providedto 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: 2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF PONTIAC Page 4 of 11 Rev.February 2022 6.6.1.Establish and maintain effective internal controls over the Federal award that provides reasonable assurancethat 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 ofSponsoring Organizations of the Treadway Commission (COSO). 6.6.2.Comply with Federal statutes,regulations,and the terms and conditionsof 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 noncomplianceare 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. Tels 12. 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 endof their fiscal year,if the Municipality has an aggregate expenditure of more than $750,000 in federal funds in a fiscal year.Any deficiencies noted in audit reports must befully cleared by the Municipality within thirty (30)daysafter 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 Awardsif 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 notlimited to fraud,financial misstatements,and violations of any contract or grant provisions.The County shall have the right to review and audit all records of the Municipality pertaining to any payment by the County. 8.CONFLICT OF INTEREST. 8.1.The Municipality shall comply with the following ONDCP conflict of interest policies: 2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF PONTIAC Page 5 of 11 Rev.February 2022 8.1.1.As anon-Federal entity,you must maintain written standards of conduct covering conflicts of interest and governing the performance ofyour employees engaged in the selection,award,and administration of subawards andcontracts. 8.1.2.None of your employees may participate 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 member of his or her immediate family,his or her partner,or an organization which employsor is about to employanyofthe 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 procurementaction involving a related organization. 9.MANDATORY DISCLOSURE. 9.1.As a non-Federalentity,the Municipality mustdisclose,in a timely manner,in writing to ONDCPall violations of Federal criminal law involving fraud,bribery or gratuity violations potentially affecting the Federal award.Non-Federalentities 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. 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,wheneverpracticable,collect,transmit,and store Federal award- related information in open and machine readable formats rather than in closed formats or on paper in accordance with 2 C.F.R.200.335 (Methods for collection,transmission and storage of information). 2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF PONTIAC Page 6 of 11 Rev.February 2022 11.ACCESS TO RECORDS. Ti.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 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.Theright of access to the Municipality’s recordsis not limited to the required retention period but last as long as the recordsare retained. The Municipality shall permit the County and auditors to have access to the Municipality’s recordsand financial statements as necessary for the County to meet the requirements of2 C.F.R.Part 200. 12.TERM. 124.This Agreement and any amendments heretoshall 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 enteredin the official minutes of the governing bodies of each Party.This Agreementshall end on December31,2022. 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 under this Agreement. 14,TERMINATION OF AGREEMENT. 14.1.This Agreement may be terminated in wholeor 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; 2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF PONTIAC Page 7 of 11 Rev.February 2022 14.1.3.by the County with the consent of the Municipality,in which case the two parties must agree uponthe 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 determinesin 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 Agreementinits 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 andall 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 recoverfunds onthe basis of a later audit or other review.The County must make any cost disallowance determination andnotify the Municipality within the record retention period; 16.1.2.The obligation of the Municipality to return any funds due as a result of later refunds, corrections,or other transactions including final indirect cost rate adjustments; 16.1.3.Audit requirements in Subpart F—Audit Requirements of2 C.F.R.Part 200. 16.1.4.Records retention as required in Subpart D—Post Federal Award Requirementsofthis 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 CITY OF PONTIAC Page 8 of 11 Rev.February 2022 18. 19. 20. 21. 22. 23. remedied by imposing additional conditions,the County maytake one or moreof 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 matching credit for)all or part of the costofthe activity or action not in compliance; 17.1.3.wholly or partly suspend or terminate the Agreement; 17.1.4.recommendthat the Federal awarding agency initiate suspension or debarmentproceedings 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 and is not intended to create any obligation,duty,promise,contractual right or benefit,right to indemnification,right to subrogation,and/or any other right,in favor of any other person orentity. 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 any constitutional,statutory,and/orother legal right,privilege,power, obligation, duty,or immunity of the Parties. DELEGATION/SUBCONTRACT/ASSIGNMENT.Neither Party shall delegate,subcontract, and/or assign any obligations orrights under this Agreement withoutthe prior written consent of 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 subsequent breach of this Agreement.No waiver ofany term,condition,or provision of this Agreement,whether by conduct or otherwise,in one or more instances,shall be deemed or construedas a continuing waiver of any term,condition,or provision of this Agreement. 2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF PONTIAC Page 9 of 11 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 Agreement are 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 possessiveor nonpossessive use in this Agreementshall 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 oneof the followingfirst 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 mailingfirst 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:City of Pontiac 26.3.Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 27.CONTACT INFORMATION. County of Oakland City of Pontiac Lieutenant Sean Jennings Investigative &Forensic Services Division Narcotics Enforcement Team Office:248-858-1722 Fax:248-858-1754 Email:jenningss@oakgov.com 28.GOVERNING LAW.This Agreementshall 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 OAKLAND COUNTY AND CITY OF PONTIAC Page 10 of 11 Rev.February 2022 29.AGREEMENT MODIFICATIONS OR AMENDMENTS.Any modifications,amendments, rescissions,waivers,or releases to this Agreement mustbe in writing and executed by both Parties. 30.ENTIRE AGREEMENT.This Agreement represents the entire agreement and understanding between the Parties.This Agreement supersedes all other oral or written agreements between the Parties.The language of this Agreementshall 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 of Commissioners,acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissionefs,certified copy of which is attached,to execute this Agreement,and hereby accepts ‘ounty Yo the 7)ditions is Agreement. -£ZAM DATE:1 |14 |tL avid T.Woodward,Chairperson Oakland County Board of Commissioners WITNESSED:AwPrintedaeAne Stet Title:St Petry pate:1 -(Q..22. FEO IN WITNESS WHEREOF,_Tim Greimel,Mayor ,acknowledges that he/she has been authorized by a resolution of the Municipality’s governing body,a certified copy of whichis attached,to execute this Agreement,and hereby accepts and binds the Municipality to the terms and conditions of this Agreement._— EXECUTED: <&se—wong DATE:Jane J%IQR Printed Name:Tim Greimel Title:Mayor,City of Pontiac WITNESSED:DATE:Jeune 24 20272 Printed Mame:Khalfayi Stephens Title:Deputy Mayor,City of Pontiac 2022 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF PONTIAC Page 11 of 11 Rev.February 2022 Exhibit A 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:|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 (1 interdiction Focus Doesthis 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 ofInitiative (City):|Pontiac Check All That Apply (1 Initiative is Collocated with other HIDTAInitiatives Initiative is Staffed with Full-Time Federal and Full-Time State/Local Personnel [Full-Time MembersofInitiative 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,noris 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 whenthe initiative wasfirst funded by HIDTA. Your narrative must be clear,concise and complete.Do not include a long narrative detailing the history or accomplishmentsof 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 enforcementsensitive 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 to in your region.Describe your initiative and detail your plan to address the specific threats/problems in your area and achieve your performance targets.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 let 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 amountwill 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,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 forceofficers 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 whatwill 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 items must match the total entered in the "Tota!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 Explain the mission of the initiative and provide a detailed explanation of the specific threat(s)identified in the HIDTA Annual Threat Assessmentthat 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 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 FOCUS: Fentanyl and fentanyl mixed with other narcotics continue to be the most lethal category of 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 DTOsare 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 byusers. 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 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: NETwill leverage HIDTA funds to support investigative overtime and communication services for investigators.Drug seizures will be thoroughly investigated by NETinvestigatorsin 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 NET task force initiates investigations into upper and mid-level DTOs and criminal groups.The main goal ofthe 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 assians two investiaators to work closely and coordinate with two other DEA aroups.This g 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 forthe listed position. Pesition Title Agency "postions|(YesiNo)|(Yesno)|orPantime|NOMS Agent Drug Enforcement Admin 1 No Yes Yes Property Tech Oakland County Sheriff 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 hig 1 No Yes Yes Officer Ferndale Police Department 1 No Yes Yes Officer Farmington Hills Police Deparpg 1 No Yes Yes Officer Bloomfield Township Police Dy 1 No Yes Yes Officer Birmingham Police Department 1 No Yes Yes Officer AuburnHills Police Department|1 No Yes Yes Office Assistants Oakland County Sheriff 2 No Yes No part time Lieutenant Oakland County Sheriff 1 No Yes Yes Investigator Oakland County Prosecutor Ogg 1 No Yes Yes Executive Secretary Oakland County Sheriff 1 No Yes Yes Deputy Oakland County Sheriff 7 No Yes Yes Officer Royal Oak Police Department 1 No Yes Yes Sergeants Oakland County Sheriff 3 No Yes Yes Auditor Oakland Count Sheriff 1 No Yes Yes Expected When developing your expected outputs for the Program Year,please ensure you take into consideration your past 2-3 year performance averages.ONDCP frequentlyreferstotheseaverageswhenevaluatingfutureperformancetargetnumbers. SECTION 3:DTOs Expected 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 noteInitiative's performance is not compared to the performanceofother 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 MLOsExpected to be Disrupted or Dismantled This Program Year:|O 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 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 to receive ASin the year,not the number of times AS is received on all cases.Important:Remember to submit a completed surveywith your quarterly report for each case receiving AS. Enter the NumberofEvent 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 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 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-Ill 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 Pe we aT,Select the Other Outputs your initiative plans to utilize in the picklist 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.erm Reporting Wiretaps Other Output: No projection regarding the number Other Output: of wiretaps to beutilized 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 orderauthorizedeavesdropping.Do not Other Output: 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 a.:Other Output:wiretap for PMP reporting purposes. OFFICER'SNAMEANDRANKMAILINGADDRESSREQUESTINGOFFICERISREQUIREDTOTYPEHIS/HERNAMEINTHEBLUEBORDEREDBOXBELOW.Bytypingmynameintheboxbelow,|certifythatthisovertimewasincurredpursuanttoHIDTA-relatedinvestigationsonthedatesandintheamountslisted. MichiganHIDTAExhibitBoRequestforHIDTAOvertimeReimbursementMichiganHIDTAMarySzymanski-FinancialManagerPERFAX:248.356.6513REGULAROVERTIMEHOMEDEPARTMENTNAMEPHONENUMBERmszymanski@mi.hidta.netFEDERALTAXIDOR MSPINDEX/PCAAPPROVINGTASK FORCECOMMANDERISREQUIREDTOTYPEHIS/HERNAMEINTHEREDBORDEREDBOXBELOW:Bytypingmynameintheboxbelow,|certify|receivedthisovertimerequestfromtheRequestingOfficer,andhavereviewedandapprovedafterdeterminingittobeincompliancewithONOCPProgramPolicyaspreviouslyprovidedtome. ITEM#COMPLAINT# DATEOT#OTHOURSOTHOURLYTOTALENTRYWORKED_WORKEDRATEcost $0.0000LOCATION:Address,City/Township/County $0.0000 $0.0000 $0.0000 $0.0000 AILN[m|/t+]Hn]o $0,0000 ITEM#$0.0000PROVIDEABRIEFDETAILOF THECORRESPONDINGITEM#FROMTHETABLEABOVE. N[om}[st}un}o 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 acceptthis correspondenceasnotification of the current payrate 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 notinclude any fringe benefits,such as retirement,FICA,etc.Please contact my office if additional information is required. Sincerely, Exhibit DPleaseNote:This documentis usedfor 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 providedin the paystub or payroll report.Sears 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 2 APPROVED07/15/2016 08:30-16:30 Ae /te 08/01/2016 45:00-23:0008/02/2016 45:00-23:0008/03/2016 44:00-00:00 2hour 16-net-41908/04/2016 44:00-23:00 hour IR-16-263 08/05/2016 03:00-07:00 Ahour IR-16-26408/08/2016 15:00-23:00 ‘ APPROVING SIGNATURE:eee 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:This documentis usedforillustrative 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 paystub.If the paystub does not indicate the overtime rate of pay,then please include with the overtime slip. Pay Period Ending On:Check #: Check Date: Primary Rate: wWitholding Rate: Federal Allowances: Exhibit E 08/07/2016 08/12/2016 31.2962 00 0 PAYCODESSDE oR =D]Devon :=LONGEVITYPS 0.00 0.00 0.00 350.00//FITW 475.02 8,268.40SALARY80.00 7.00 2,832.31 41,498.79||stTw 112.08 1,906.87TRAININGPS0.00 0.00 0.00 876.28||/SOCSEC_EE 176.08 2,991.56SICKPS07/012 0.00 0.00 0.00 625.92||MEDICARE_EE 41.18.699.64F/Y SICK PAYOUT 0.00 0.00 0.00 594.63]/DUES_PSO 29.63 444.38PSSCKGAP0.00 0.00 0.00 2,879.25|/PS HBL VISION 9.13)104.73IN_LIEU_MEDPS 0.00 0.00 115.38 1,846.08||RETIREPS OFF 84.97 1,424.49) LIFE_INS 0.00 0.00 0.00 8.96]|ICMAPCNT 117.92 1,959.14 HOLIDAY 9.00 0.00 0.00 1,251.85||/FLEX_PLAN 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 KEXYOLD*KKH HHERY VOT DA HKKK KEES EYOTD*RA4E+***CHECK STUB REPRIND*AH ERY F/Y SICK PAYOUT 0.00 PS KELLY BANK 0.00 0.00 SICK PS 07/01 96.00 96.00 SICK PS GAP 41.00 41.00 VAC_PS 124.00 124.00 08/12/2016 1,797.59 Resolution of the Pontiae City Council 22-177 Resolution to approve the High Intensity Drug Trafficking Area (HIDTA)Sub Grant Agreement.Moved by Councilperson Rutherford and second by Councilperson Carrington. WHEREAS,Oakland County is,the legal entity that administers the Narcotic Enforcement Team (NET), and it has submitted an Initiative Description and Budget Proposal to the Executive Board for Michigan High-Intensity Drug Trafficking Area (HIDTA)requesting the United States Office of National Drug Control Policy (ONDCP)to grant NET an award forthe program year 2022 to reimburse NET participating agencies for eligible law enforcement officers overtime costs;and WHEREAS,If ONDCPgrants NET an award for the program year 2022,the ONDCPdisburses the HIDTA funds to the Michigan State Police (MSP); and WHEREAS,The County has the authority to allocate a portion of the grant funds to reimburse a participating municipality for qualifying overtime costs subject to the terms and conditions of the agreement;and WHEREAS,The City of Pontiac desires to enter into the attached sub-recipient agreement between the City and Oakland County;and WHEREAS,Oakland County Corporate Council and the City Executive Branch of the City of Pontiac have approvedthe attached sub-recipient agreement. NOW,THEREFORE,be it resolved that the City of Pontiac approves the 2022 HIDTAsub-grant agreement with the County of Oakland and authorizes the Mayorto sign on behalf ofthecity. Ayes:Carrington,Goodman,James,McGuinness,Nicholson,Parker and Rutherford No:None Resolution Passed I,Garland S.Doyle,City Clerk of the City of Pontiac,hereby certify that the above Resolution is a true and accurate copy of the Resolution passed by the City Council of the City of Pontiac on June 14,2022.Bes §3|— GARLAND S.DOYLE,City Clerk 2 CHG August 15, 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 City of Pontiac, 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 Garland Doyle, Clerk, City of Pontiac Enclosures