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HomeMy WebLinkAboutReports - 2023.07.20 - 40328PROGRAM YEAR 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND CITY OF AUBURN HILLSDataUniversalNumberingSystem(DUNS)#:020822961 Sy This Agreement is made between Oakland County,a Constitutional Corporation,1200 North Telegraph, Pontiac,Michigan 48341 ("County")and City of Auburn Hills,1827 N.Squirrel Rd.,Auburn Hills,MI48326,a Michigan Municipal Corporation ("Municipality").The County and Municipality shall becollectivelyreferredtoasthe“Parties.” PURPOSE OF AGREEMENT. The Parties enter into this Agreementfor the purpose of delineating their relationship and responsibilitiesregardingtheCounty’s use of Grant funds (defined below)to reimburse the Municipality for overtimeexpensesthatitincurredrelatedtoitsparticipationintheOaklandCountyNarcoticEnforcementTeam (“N.E.T.”),a multijurisdictional drug enforcement task force under the direction and supervision of the Oakland County Sheriff’s Office (““OCSO”). Under the Parties’separate N.E.T.agreement,the Municipality is responsible for providing a full-time employee for participation in N.E.T.andfor all costs associated with that employment,including overtime. The County,as the legal entity that administers N.E.T.,submitted an Initiative Description and 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)2023 to reimburse N.E.T.participating agencies for eligible law enforcementofficer overtime.PY 2023 begins January 1,2023 and ends December31,2023. If ONDCPgrants N.E.T.an award for PY 2023,the ONDCP disburses the HIDTA grantfunds 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 hasthe 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 asfollows. 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 1 of 11 Rev.February 2023 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 imposedon,incurred by,or asserted against the County or Municipality,or the County’s orMunicipality’s agents or employees,whether such claim is brought in law or equity,tort,contract,or otherwise. Grant funds mean the funds that may be awarded to the County and the other participatingagenciesinN.E.T.pursuant to Michigan HIDTAInitiative Description and Budget ProposalVersion2023(Exhibit A)submitted to Michigan HIDTA by County on behalf of itself and theotherparticipatingagenciesinN.E.T. -EXHIBITS.The Exhibits listed below are incorporated and are part of this Agreement. Dul Dede Dude 2.4. 2.5. Sul. Bubs Bos 3.4. Exhibit A —Michigan HIDTAInitiative Description and Budget Proposal Version 2023. 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. .FEDERAL AWARD PROJECT DESCRIPTION. Catalog of Federal Domestic Assistance (“CFDA”)#:95.001 Federal Awarding Agency:United States Office of National Drug Control Policy (“ONDCP”) Program:High Intensity Drug Trafficking Areas (HIDTA) 3.3.1.HIDTA Objective:To reduce drug trafficking and drug production in the United States by: (A)facilitating cooperation among Federal,State,local,and tribal law enforcement agencies to share information and implement coordinated 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 1,2023 through December 31,2023. 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 2 of 11 Rev.February 2023 avs The Federal AwardIdentification Number (FAIN)is provided in the HIDTA Grant AgreementbetweenONDCPandMSP,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 andobligatedbythisactionbytheCountytotheMunicipalityisnottoexceed$5,700.00 for eachparticipatinglawenforcementofficerunlessotherwiseprovidedherein.That amountis basedonthenumberofN.E.T participating agencies and eligible law enforcementofficers at the timethisAgreementwasexecutedbybothParties.If the number of N.E.T participating agenciesand/or eligible law enforcement officers changes during the term of this Agreement,the total amount of the federal award for overtime costs committed to the Municipality and obligatedbythisactionbytheCountytotheMunicipalityamountmaychangeasfundsareavailableonaproratabasis.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 $5,700.00 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 performedin support of a HIDTA-designated Enforcement initiative or Intelligence and information Sharing Initiative.HIDTA funds shall not be used to pay overtime related to training attendance, financial management,drug treatment,drug demand reduction or prevention,or non- investigative related administrative work. 4.2.2.No 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. Noindirect costs shall be charged or reimbursed under performance of this Agreement. 5.REIMBURSEMENT OF ELIGIBLE NET OVERTIME. Sul.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 2023 has expired.If the County,in its sole discretion,determines that the 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 3 of 11 Rev.February 2023 Dues 6.1. 6.2. 6.3. 6.4. 6.5. 6.6. documentation submitted by the Municipality does not reconcile,then the Municipality shallprovideanyadditionaldocumentationrequestedbytheCountyinordertoprocesspayment. 5.1.1.A fully completed and signed Request for HIDTA Overtime Reimbursement attached asExhibitB. 5.1.2.A letter substantively similar to the sample letter regarding notification of current overtimepayrateattachedasExhibitC. 5.1.3.Overtime slips,signed by the officer’s supervisor,that support each Request for HIDTA Overtime Reimbursement.The overtime slips shall be substantively similar to the sampleovertimeslipattachedasExhibitD. 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. The Municipality shall comply with to 28 C.F.R.Part 69 (New Restrictions on Lobbying) and 2 C.F.R.Part 25 (Universal Identifier and System of Award Management). The Municipality shall comply with the Government-wide Suspension and Debarment provision set forth at 2 CFR Part 180. The Municipality shall perform all activities in accordance with The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200 (the “Part 200 Uniform Requirements”),as adopted and implemented by the Office of National Drug Control Policy (ONDCP)in 2 C.F.R.Part 3603.For this award,the Part 200 Uniform Requirements supersede,among other things,the provisions of 28 C.F.R.Parts 66 and 70,as well as those of 2 C.F.R.Parts 215,220,225,and 230. The Municipality shall comply with ONDCP’s 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 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 copyof it. As specified in the HIDTA Program Policy and Budget Guidance,the Municipality must:2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANTSUBRECIPIENTAGREEMENTBETWEENOAKLANDCOUNTYANDCITYOFAUBURNHILLS Page 4 of 11 Rev.February 2023 6.6.1.Establish and maintain effective internal controls over the Federal award that providesreasonableassurancethatFederalawardfundsaremanagedincompliancewithFederalstatutes,regulations and award terms and conditions.These internal controls should be incompliancewiththeguidancein“Standards for Internal Control in the FederalGovernment,”issued by the Comptroller General of the United States and the “InternalControlIntegratedFramework,”issued by the Committee of Sponsoring Organizations 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 areidentified,including noncompliance identified in audit findings. 6.6.5.Take reasonable measures to safeguard protected personally identified information (PII) and other information ONDCP or the Municipality designates consistent with applicable Federal,state,and local laws regarding privacy and obligations of confidentiality. 7.FINANCIAL ACCOUNTABILITY AND AUDIT REQUIREMENTS. 7.1. i. 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 noted in 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 requirementsthat 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 paymentby the County. 8.CONFLICT OF INTEREST. 8.1.The Municipality shall comply with the following ONDCP conflict of interest policies: 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 5of11 Rev.February 2023 8.1.1.As anon-Federal entity,you must maintain written standards of conduct coveringconflictsofinterestandgoverningtheperformanceofyouremployeesengagedintheselection,award,and administration of subawards and contracts. 8.1.2.None of your employees may participate in the selection,award,or administration of asubawardorcontractsupportedbyaFederalawardifheorshehasarealorapparentconflictofinterest.Such a conflict of interest would arise when the employee,officer,oragent,any member of his or her immediate family,his or her partner,or an organizationwhichemploysorisabouttoemployanyofthepartiesindicatedherein,has a financial orotherinterestinoratangiblepersonalbenefitfromanorganizationconsideredforasub-award or contract.The officers,employees,and agents of the non-Federal entity mustneithersolicitnoracceptgratuities,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 must also maintain written standards of conduct covering organizational conflicts of interest.Organizational conflicts of interest means that because of relationships with a parent company,affiliate,or subsidiary organization,you are unable or appear to be unable to be impartial in conducting a sub-award or procurement action involving a related organization. 9.MANDATORY DISCLOSURE. a1.As a non-Federalentity,the Municipality must disclose,in a timely manner,in writing to ONDCP all violations of Federal criminal law involving fraud,bribery or gratuity violations potentially affecting the Federal award.Non-Federal entities that have received a Federal award thatincludes 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). 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANTSUBRECIPIENTAGREEMENTBETWEENOAKLANDCOUNTY AND CITY OF AUBURN HILLS Page 6 of 11 Rev.February 2023 11.ACCESS TO RECORDS. 11.1.The Federal awarding agency,Inspectors General,the Comptroller General of the UnitedStates,and the County,or any of their authorized representatives,have the right of access toanydocuments,papers,or other records of the Municipal entity which are pertinent to theFederalaward,in order to makeaudits,examinations,excerpts,and transcripts.The right alsoincludestimelyandreasonableaccesstotheMunicipality's personnel for the purpose ofinterviewanddiscussionrelatedtosuchdocuments.The right of access to the Municipality’srecordsisnotlimitedtotherequiredretentionperiodbutlastaslongastherecordsareretained. 11.2.The Municipality shall permit the County and auditors to have access to the Municipality’srecordsandfinancialstatementsasnecessaryfortheCountytomeettherequirementsof2 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 amendments hereto shall be entered in the official minutes of the governing bodies of each Party.This Agreementshall end on December 31,2023. 13.ASSURANCES. 13.1.Each Party shall be responsible for its own acts and the acts of its employees and agents,the costs associated with those acts,and the defense of those acts. 13.2.The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement.The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 13.3.Each Party shall comply with all federal,state,and local ordinances,regulations, administrative rules,laws,and requirements applicable to its activities performed under this Agreement. 14.TERMINATION OF AGREEMENT. 14.1.This Agreement may be terminated in whole or in part as follows: 14.1.1.by the County,if the Municipality fails to comply with the terms and conditions of this Agreement; 14.1.2.by the County for cause; 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 7 of 11 Rev.February 2023 14.1.3.by the County with the consent of the Municipality,in which case the two parties mustagreeupontheterminationconditions,including the effective date and,in the case of partialtermination,the portion to be terminated; 14.1.4.by the Municipality upon sending to the County written notification setting forth the reasons for such termination,the effective date,and,in the case of partial termination,theportiontobeterminated.However,if the County determines in the case of partial terminationthatthereducedormodifiedportionofthesubawardwillnotaccomplishthepurposeforwhichthisAgreementwasmade,the County may terminate the Agreement in its entirety. 14.2.The County must provide to the Municipality a notice of termination.Written suspension or notice of termination will be sent to the Municipality’s business address.If this 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 closeout of this Agreement does not affect any of the following: 16.1.1.The right of County to disallow costs and recover funds on the basis of a later audit or other review.The County must makeany cost disallowance determination and notify the Municipality within the record retention period; 16.1.2.The obligation of the Municipality to return any funds due as a result of later refunds, corrections,or othertransactions 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 Requirementsof 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 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 8 of 11 Rev.February 2023 18. 19. 20. 21. 22. 23. remedied by imposing additional conditions,the County maytake one or moreof the followingactions,as appropriate in the circumstances: 17.1.1.temporarily withhold cash payments pending correction of the deficiency by theMunicipalityormoresevereenforcementactionbytheCounty; 17.1.2.disallow (thatis,deny both use of funds and any applicable matching credit for)all or partofthecostoftheactivityoractionnotincompliance; 17.1.3.wholly or partly suspend or terminate the Agreement; 17.1.4.recommend that the Federal awarding agency initiate suspension or debarment proceedingsasauthorizedunder2CFRPart180andFederalawardingagencyregulations; 17.1.5.withhold further funds for the project or program; 17.1.6.take other remedies that maybe legally available. NO THIRD-PARTY BENEFICIARIES.Except as provided for the benefit of the Parties,thisAgreementdoesnotandisnotintendedtocreateanyobligation,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 or entities 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/or other legal right,privilege,power, obligation,duty,or immunity of the Parties. DELEGATION/SUBCONTRACT/ASSIGNMENT.Neither Party shall delegate,subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. NO IMPLIED WAIVER.Absent a written waiver,no act,failure,or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement.No waiver of any term,condition,or provision of this Agreement,whether by conduct or otherwise,in one or more instances,shall be deemedor construed as a continuing waiver of any term,condition,or provision of this Agreement. 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 9 of 11 Rev.February 2023 24, 25. 26. No waiver by either Party shall subsequently affect its right to require strict performance of thisAgreement. SEVERABILITY.Ifa court of competentjurisdiction finds a term,or condition,of this Agreementtobeillegalorinvalid,then the term,or condition,shall be deemed severed from this Agreement.Allotherterms,conditions,and provisions of this Agreementshall remain in full force. CAPTIONS.The section and subsection numbers and captions in this Agreement are intended fortheconvenienceofthereaderandarenotintendedtohaveanysubstantivemeaning.The numbersandcaptionsshallnotbeinterpretedorbeconsideredaspartofthisAgreement.Any use of thesingularorpluralnumber,anyreference to the male,female,or neuter genders,and any possessive ornonpossessiveuseinthisAgreementshallbedeemedtheappropriateplurality,gender or possessionasthecontextrequires. 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 addressedtothepersonlistedbelow.Notice will be deemed given on the date when one of the following firstoccur:(1)the date of actual receipt;(2)the next business day when notice is sent express deliveryserviceorpersonaldelivery;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:City of Auburn Hills. 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 Auburn Hills Lieutenant Sean Jennings Chief Ryan Gagnon Investigative &Forensic Services Division Auburn Hills Police Department Narcotics Enforcement Team 1899 N.Squirrel Rd. Office:248-858-1722 Auburn Hills,MI 48329 Fax:248-858-1754 Phone:248-364-6851 Email:jenningss@oakgov.com Fax:248-370-9365 Email:rgagnon@auburnhills.org 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 10 of 11 Rev.February 2023 28.GOVERNING LAW.This Agreement shall be governed,interpreted,and enforced by the laws oftheStateofMichigan,without regard to Michigan’s conflict of laws provisions. 29.AGREEMENT MODIFICATIONS OR AMENDMENTS.Any modifications,amendments,rescissions,waivers,or releases to this Agreement mustbe in writing and executed by both Parties. 30.ENTIRE AGREEMENT.This Agreement represents the entire agreement and understandingbetweentheParties.This Agreement supersedes all other oral or written agreements between theParties.The language of this Agreement shall be construed as a whole according toits 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 BoardofCommissioners,a certified copy of which is attached,to execute this Agreement,and hereby accepts and binds the Ce David T.Woodward,Chairperson Oakland County Board of Commissioners WITNESSED:Qu Nosed pate:|-20-23PrintName:Jo Aye STR erewedTitleSecGer,y EXECUTEDs IN WITNESS WHEREOF,yan Gag Aen ,acknowledges that he/she has been authorized by a resolution of the Municipality’s governing body,a certified copy of which is attached,to executethis Agreement,and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED:Re Ya DATE:3/24 lez Printed Name:Ryan Gagnen Title:Chief of Police WITNESSED:JP DATE:3 fasxfas Printed Name:\e ceice SolomonTitle:Cucaonce,t Property TVednnicaan 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 11 of 11 Rev.February 2023 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:|2023 Initiative Title: NET -Oakland CountyNarcotics Enforcement Team Submitter's Rank/Name:|D/Lt.Sean Jennings Submitter's Telephone #:|248-858-1722 Submitter's E-mail Address:|jenningss@oakgov.com SECTION 1:INITIATIVES Level of Activity -Check all that apply Local DTO Focus Multi-State DTO Focus [_]International DTO Focus [_]Interdiction Focus Does this Initiative Routinely Provide Information to the HIDTA Investigative Support Center (ISDC)? YES [JNO 2: Initiative Description Enter Lead Agency:|Oakland County Sheriff's Office Enter Location of Initiative (City):|Pontiac Check All That Apply [_]Initiative is Collocated with other HIDTAInitiatives Initiative is Staffed with Full-Time Federal and Full-Time State/Local Personnel Full-Time Members of Initiative are Collocated and Commingled with Federal and State/Local Personnel Revised 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 characterlimited,nor is it limited to the visible field on the page.It works best to compose the narrative in Word and copy into thetextfieldonthefollowingpage.Please use narrative only to complete this section.The PMP software will not acceptgraphs,tables,charts,images,etc. The narrative section is intended to describe the mission and proposed activities for your initiative (dismantling DTOs,meth labs,interdicting drugs/money,apprehending fugitives,etc.)and detail your initiative's funding request.This description should indicate when the initiative was first funded by HIDTA. Your narrative must be clear,concise and complete.Do not include a long narrative detailing the history oraccomplishmentsofyourinitiative.Please limit your initiative description to several short paragraphs. The first paragraph should clearly identify the threat (drug problem,violent crime,money laundering)in your area. ONDCP expects detailed information regarding the threat in the HIDTA county/counties which your initiative serves. Describe the types of drugs being trafficked,the presence/activities of gangs and drug-related violent crime.Include information on DTOs and MLOs operating in your area.DO NOT use specific names/addresses for any organizations or provide any information which is law enforcement sensitive or classified.Referring to the Michigan HIDTA Annual Threat Assessment/Drug Market Analysis is essential when describing the threat in your region. In the next paragraph discuss your plan to attack the threat in your region.Describe your initiative and detail your plan to address the specific threats/problems in your area and achieve your 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 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 how it fits into your plan to attack the threat in your region and attain your performance targets.Provide a clear,concise and complete explanation of all items in your budget request.The budget narrative will be reviewed by the Michigan HIDTA Steering Committee and Executive Board before being sent to ONDCP for review and approval. ONDCP closely examines vehicle expenditures.Lease costs and other vehicle-related expenses must be detailed.Ensure the number of vehicles and expenses match the number 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 HIDTA limits 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 Budget Sheet. Enter Initiative Description and Budget Proposal Detail Below Total Dollar Amount Requested:$132,300 INITIATIVE PURPOSE: The Oakland County Narcotic Enforcement Team (NET)is a cooperative partnership of federal,county and local law enforcement agencies in Oakland County,Michigan.NET is located at the Oakland County Sheriff's Office in Pontiac and focuses on mid-to upper-level drug trafficking organizations (DTOs)and criminal groups operating in Oakland County.NET 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 mostlethal categoryofillicit substances misused in Oakland County.Heroin-related overdose deaths remain at high levels in the county.NET 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 Area of Responsibility (AOR).These DTOs transport cocaine,heroin,fentanyl,and methamphetamine into Oakland County.Most of the illegal narcotics remain in the county and are distributed by local DTOs and criminal groups and eventually consumed by users. PERSONNEL STRUCTURE AND PARTICIPATING AGENCIES: NETis led by the Oakland County Sheriff's Office and supported by full-time law enforcement personnel assigned by the Drug Enforcement Administration (DEA),Homeland Security (HSI),Oakland County Prosecutor's 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 and West Bloomfield Police Department.The multi-agency approach combines local and federal law enforcement officers and their 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 supportinvestigative overtime and communication services.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 DTO trafficking 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 of the task force is to identify,disrupt,and dismantle local DTOs and criminal groups.If the DTO is identified as a multi- state or international organization,then this intelligence is passed on to the DEA for investigation and federal prosecution.In addition to DEA participation in NET,NET further assigns two investigators to work closely and coordinate with two other DEA groups.This partnership ensures that interstate and international DTOs operating in Oakland County are being thoroughly investigated and prosecuted. 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 HIDTA funding covers the salary/wages for the listed position. Poston Tle roercy |eeeae’Sein|opbertine Noe Office Assistants Oakland County Sheriff 2 No Yes Part Time Technical Assistant Oakland County Sheriff 1 No Yes Full Time Property Room Technician Oakland County Sheriff 1 No Yes Full Time Auditor Oakland CountySheriff 4 No Yes Full Time Deputy Oakland CountySheriff 7 No Yes Full Time Sergeant Oakland County Sheriff 3 No Yes Full Time Lieutenant Oakland County Sheriff 1 No Yes Full Time Agent Drug Enforcement Admin 1 No Yes Full Time Agent US Dept of Homeland Security 1 No Yes Full Time Investigator Oakland County Prosecutor Off 1 No Yes Full Time Officer Auburn Hills Police Dept 1 No Yes Full Time Officer Birmingham Police Dept 1 No Yes Full Time Officer Bloomfield Police Dept 1 No Yes Full Time Officer Farmington Hills Police Dept 1 No Yes Full Time Officer Ferndale Police Dept 1 No Yes Full Time Officer Franklin Police Dept 1 No Yes Full Time Officer Hazel Park Police Dept 1 No Yes Full Time Officer Madison Heights Police Dept 1 No Yes Full Time Officer Rochester Police Dept 1 No Yes Full Time Officer Royal Oak Police Dept 1 No Yes Full Time Officer Troy Police Dept 1 No Yes Full Time Officer Waterford Police Dept 1 No Yes Full Time Officer West Bloomfield Police Dept 1 No Yes Full Time Predicting Expected Outputs:When developing your expected outputs for the Program Year,please ensure you take into consideration your past 2-3 year performance averages.ONDCP frequently refers to these averages when evaluating future performance target numbers. SECTION 3:DTOs DTO Expected Outputs: Predict the number of DTOs and MLOs you expect to disrupt and/or dismantle during the Program Year. Your performance targets should be aggressive but reasonably attainable,considering expected staffing and funding.Remember that your initiative's performance is compared to how successfully it attained its predicted totals.Please note Initiative's performance is not compared to the performanceof other initiatives. Include pertinent notes in the Notes/Additional Information box. DISRUPTED Defined DISMANTLED Defined Enter Number of DTOs Expected to be Disrupted or Dismantled This Program Year:|5 Notes/Additional Information: Enter Number of MLOs Expected to be Disrupted or Dismantled This Program Year:|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 intheNotes/Additional Information box. New HIDTACases: 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:650 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:[21 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 maintainedinternally at the HIDTA but will not be reported in PMP. ALL OTHERHIDTA INITIATIVES 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 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 oo.oo,ca.Select the Other Outputs your initiative plans to utilize in the pick list 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 authorized eavesdropping.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. MichiganHIDTARequestforHIDTAOvertimeReimbursementExhibitB-MichiganHIDTAMarySzymanski-FinancialManagerFAX:248.356.6513ONEFORMPEROFFICERmszymanski@mi.hidta.netREGULAROVERTIMEHOMEDEPARTMENTNAME OFFICER'SNAMEANDRANKPHONENUMBERMAILINGADDRESSFEDERALTAXIDORMSPINDEX/PCAREQUESTINGOFFICERISREQUIREDTOTYPEHIS/HERNAMEINTHEBLUEBORDEREDBOXBELOW.Bytypingmynameintheboxbelow,|certifythatthisovertimewasincurredpursuanttoHIDTA-relatedinvestigationsonthedatesandintheamountslisted.APPROVINGTASKFORCECOMMANDERISREQUIREDTOTYPEHIS/HERNAMEINTHEREDBORDEREDBOXBELOW:Bytypingmynameintheboxbelow,|certify|receivedthisovertimerequestfromtheRequestingOfficer,andhavereviewedandapprovedafterdeterminingittobeincompliancewithONDCPProgramPolicyaspreviouslyprovidedtome. ITEM#COMPLAINT#DATEOTWORKED#OTHOURSWORKEDOTHOURLYRATETOTALENTRYCOSTLOCATION:Address,City/Township/County OVERTIMEAPPROVEDFORSTATE/LOCALOFFICERFEDERALPART!SONLY.LIMITPEROFFICERIS$8,000ANNUALLYASPERMICHIGANHIDTAPROGRAMPOLICY.ICIPANTSARENOTELIGIBLETORECEIVEHIDTAOVERTIME. $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 ATTN TMs TPN] $0.0000 $0.0000 ITEM#PROVIDEABRIEFDETAILOFTHECORRESPONDINGITEM#FROMTHETABLEABOVE. NP MITT oy o RevisedAugust2019THISINFORMATIONISCONFIDENTIAL.DISCLOSUREOFCONFIDENTIALINFORMATIONISPROTECTEDBYTHEFEDERALPRIVACYACT. Exhibit C YOUR AGENCY LETTERHEAD January 17,2018 Director Michigan HIDTA 28 W.Adams Suite 400 Detroit,MI 48226 Dear Director Please accept this correspondence asnotification of the current pay rate for the listed ADD YOUR AGENCY NAME police officer assigned to the Oakland County Narcotic Enforcement Team (NET).The rate became effective July 1,2017. Parent Agency:ADD YOUR AGENCY NAMEEmployeeName/Rank:ADD OFFICER'S NAME AND RANKRegularPayRate:OFFICER'S REGULAR HOURLY RATE Overtime Pay Rate:OFFICER'S OVERTIME HOURLY RATE As requested,the overtime rate listed does not include any fringe benefits,such as retirement,FICA,etc.Please contact my office if additional information is required. Sincerely, |Exhibit DPleaseNote:This documentis used for illustrative purposes only and the required documentation does not have to be the same,but must contain the same elements. Required:Overtime slip signed by officer's supervisor.This item should include name,date,and overtime hoursassociatedwithHIDTA.The overtime rate should also be included unless provided in the paystub or payroll i ie 3 a , I 1:seer DATE HOURS OVERTIME NET# 07/11/2016 08:30-16:3007/12/2016 08:30-16:3007/13/2016 08:30-16:3007/14/2016 08:30-16:30 a APPROVED07/15/2016 08:30-16:30 _BAe /le : 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 4hour IR-16-26308/05/2016 03:00-07:00 Ahour IR-16-26408/05/2016 45:00-23:00 APPROVING SIGNATURE: OVERTIME IN RED HAS BEEN TAKEN AS NET TIME (COMP) OVERTIME IN GREEN HAS BEEN SUBMITED FOR MJ OT GRAMP Please sign and return. Please Note:This document is used for illustrative purposes only and the required documentation Exhibit Edoesnothavetothesame,but must contain the same elements. Required:Paystub or payroll report containing the same information as pay stub.If the paystub does notindicatetheovertimerateofpay,then please include with the overtime slip. Pay Period Ending on:’eee Check #: Check Date:08/12/2016 Primary Rate:31.2962 Witholding Rate:00 Federal Allowances:G ‘PAY.COD)OURS|3 |DEDUCTTON=-3 MOUNT TD,LONGEVITYPS 0.00 0.350.00|/FrTw 475.02 €,268.40SALARY80.90 7.00 2,832.31]41,498.79/|srrw 112.08 1,906.87TRAININGPS0.00 0.00 0.00 876.28]/SOCSECEE 176.08 2,991.56SICKPS07/01 0.00 0.90 0.00 625.92||MEDICARE EE 41.18 699.64F/¥Y SICK PAYOUT 0.90 0.00 0.00 594.63||DUES PSO 29.63 444.38PSSCKGAP0.00 0.00 0.00 2,879.25|/PS HBL VISION 9.13 104.73INLIEUMEDPS0.00 0.00 115.38 1,946.08|/RETIRE PS OFF 84.97 1,424.49LIFEINS0.00 0.00 0.00 8.96||ICMA PCNT 117.91 1,959.14HOLIDAY0.00 0.00 0.00 1,251.85]/FLEXPLAN 98.50 1,576.00SAVINGSPSO5.60 84.00PNC647.59]11,474.94PNC1,000.00!16,588.65ALLY150.00 2,400.00 TOTALS:80.00 7.00 2,947.68]49,931.76||TOTALS:2,947.65|459,522.80 Wet Pay This Period:1,797.59 lOURSEACCRUED 3 10%TAKED NEW;BALANCE:z 0.00 0.00 0.00 7.50F/Y SICK PAYOUT 0.00 0.00 0.90 0.00 0.00PSKELLYBANK0.00 0.00 0.00 0.00 0.00SICKPS07/01 96.00 0.00 0.00 0.00 96.00 SICK PS GAP 41.00 0.00 0.00 0.00 41.00 VAC_PS 124.00 0.00 0.00 0.00 124.00 08/12/2016 Coa 1,797.59 He HVOLD &&Xe oe de ee RNC TD ee te ok ek oe ae de eR VOT OD &HE CHE CK STUB REPRINT****** CITY OF AUBURNHILLS 1827 SQUIRREL ROAD AUBURN HILLts,MI 48326AUBURNHILLS248.370.9402 WWW.AUBURNHILLS.ORG At a regular meeting of the City Council of the City of Auburn Hills,County of Oakland,State of Michigan, held in the Council Chambers at 1827 N.Squirrel Road,Auburn Hills,Michigan 48326 at 7:00 PM,on the20"day of March 2023,the following resolution was offered by Council Member Carrier and seconded byCouncilMemberKnight: 7e.Motion —To approve the 2023 HIDTA Sub-Recipient Agreement with Oakland County. RESOLVED:To approve the 2023 HIDTA Agreement between Oakland County and the City of Auburn Hills and authorize the Chief of Police to sign the agreement on behalf of the City. AYES:6 (Carrier,Cionka,Knight,Marzolf,McDaniel,Verbeke) NAYES:None ABSENT:1 (Hawkins) ABSTENTIONS:None Resolution declared adopted Resolution #23.03.031 STATE OF MICHIGAN |) COUNTY OF OAKLAND ) |,Laura M.Pierce,the duly qualified and appointed City Clerk of the City of Auburn Hills,Oakland County, Michigan,do hereby certify that the foregoing is a true and complete copy of a Resolution adopted at a regular meeting of the Auburn Hills City Council held on the 20"day of March,2023,the original of which is on file in my office. In witness whereof,I have hereunto affixed my official signature on this 21%day of March,2023. RocenalM eoere Laura M.Pierce City Clerk August 1, 2023 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 20, 2023 the Board of Commissioners for Oakland County entered into an agreement – Sheriff’s Office – Acceptance from the Office of National Drug Control Policy for the 2023 High Intensity Drug Trafficking Areas (HIDTA). As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and the City of Auburn Hills, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to: Mr. Joseph Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #14 East 1200 N. Telegraph Rd. Pontiac, MI 48341 (Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.) Contact our office at (248) 858-0564 if you have any questions regarding this matter. Sincerely, COUNTY OF OAKLAND Joseph J. Rozell, CERA Director of Elections Cc: Donna Dyer, Corporation Counsel, Oakland County Erika Munoz, Corporation Counsel, Oakland County Elizabeth Skwarczewski, Technical Assistant, OCSO Laura Pierce, Clerk, City of Auburn Hills Enclosures AGENDA ITEM: Acceptance from the Office of National Drug Control Policy for the 2023 High Intensity Drug Trafficking Areas (HIDTA) DEPARTMENT: Sheriff’s Office MEETING: Board of Commissioners DATE: Thursday, July 20, 2023 8:35 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3074 Motion to accept the 2023 High Intensity Drug Trafficking Areas Grant award, for the period January 1, 2023 through December 31, 2023, in the amount of $132,300; approve the attached 2023 High Intensity Drug Trafficking Areas Grant Subrecipient Agreement with local units of govermnet as listed in the Attachement B; authorize the Board Chair to execute the grant award and subrecipient agreements; further to amend FY 2023 budget as detailed in Attachement A. ITEM CATEGORY SPONSORED BY Grant Penny Luebs INTRODUCTION AND BACKGROUND The Office of National Drug Control Policy (ONDCP) has awarded funding for the Oakland County Narcotics Enforcement Team (NET) initiative as part of the 2023 High Intensity Drug Trafficking Areas (HIDTA) Grant Program. The total grant award is $132,300 with no county match required for the period from January 1, 2023 through December 31, 2023. The grant award will allow partial funding for overtime reimbursement of NET Investigators in the amount of $119,700. The grant award will also allow for the purchase of communications services in the amount of $12,600. Oakland County will issue subrecipient agreements to reimburse partial overtime for investigations to the local units of government that are part of the Narcotics Enforcement Team. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Curtis Childs Gaia Piir, Sheriff Fiscal Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 7/20/2023 AGENDA DEADLINE: 07/30/2023 8:35 PM ATTACHMENTS 1. 2023 SO HIDTA NET Schedule A R1 2. Grant Review Sign-Off FY23 Acceptance 3. Attachment B 4. Pages from 2023 City of Novi Grant Documents - Signed - Full Year Award 5. 20230614120913144 6. 622105 2023 NET 7. 2023 HIDTA Subrecipient Agreement 8. 2023 Exhibits B-E COMMITTEE TRACKING 2023-07-11 Public Health & Safety - Recommend and Forward to Finance 2023-07-12 Finance - Recommend to Board 2023-07-20 Full Board - Adopt Motioned by: Commissioner Robert Hoffman Seconded by: Commissioner Angela Powell Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, Charles Cavell, Brendan Johnson, Ajay Raman (16) No: None (0) Abstain: None (0) Absent: Gary McGillivray, William Miller III, Yolanda Smith Charles (3) Passed Oakland County, Michigan SHERIFF'S OFFICE - GRANT ACCEPTANCE 2023 HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDTA) Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND) Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2023 Amendment FY 2024 Amendment FY 2025 Amendment R General Fund Grants Investigative & Forensic Svcs FND10101 CCN4030901 RC610313 PRG110090 GRN-1004071 610000 Federal Operating Grants $132,300.00 $132,300.00 $132,300.00 Total Revenues $132,300.00 $132,300.00 $132,300.00 E General Fund Grants Investigative & Forensic Svcs FND10101 CCN4030901 SC712020 PRG110090 GRN-1004071 702000 Overtime $43,218.00 $43,218.00 $43,218.00 E General Fund Grants Investigative & Forensic Svcs FND10101 CCN4030901 SC72277O PRG110090 GRN-1004071 722000 Retirement 10,476.00 10,476.00 10,476.00 E General Fund Grants Investigative & Forensic Svcs FND10101 CCN4030901 SC722790 PRG110090 GRN-1004071 722000 Social Security 3,306.00 3,306.00 3,306.00 E General Fund Grants Investigative & Forensic Svcs FND10101 CCN4030901 SC730324 PRG110090 GRN-1004071 730000 Communications 12,600.00 12,600.00 12,600.00 E General Fund Grants Investigative & Forensic Svcs FND10101 CCN4030901 SC731465 PRG110090 GRN-1004071 730000 Program 62,700.00 62,700.00 62,700.00 Total Expenditures $132,300.00 $132,300.00 $132,300.00 Please Note: The attached Miscellaneous Resolution is subject to further revision once posted to the Board of Commissioners’ Civic Clerk site. GRANT REVIEW SIGN-OFF – Sheriff’s Office GRANT NAME: 2023 High Intensity Drug Trafficking Areas (HIDTA) Grant FUNDING AGENCY: Office of National Drug Control Policy as a subrecipient of Michigan State Police DEPARTMENT CONTACT: Tammy Feole / (248) 858-2866 STATUS: Acceptance (Greater than $10,000) DATE: 06/08/2023 Please be advised that the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign- off and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved – Sheryl Johnson (06/08/2023) Human Resources: Approved by Human Resources. No position impact. – Heather Mason 06/07/2023 Risk Management: Approved. No County insurance requirements – Robert Erlenbeck 06/07/2023 Corporation Counsel: Approved– Heather Lewis (06/07/2023) ATTACHEMENT B The list local units of government for the 2023 High Intensity Drug Trafficking Areas Grant Subrecipient Agreement 1. City of Auburn Hills – Auburn Hills Police Department 2. City of Birmingham – Birmingham Police Department 3. City of Farmington Hills – Farmington Hills Police Department 4. City of Ferndale – Ferndale Police Department 5. City of Hazel Park – Hazel Park Police Department 6. City of Pontiac – Oakland County Sheriff’s Office (OCSO) Pontiac Substation 7. City of Rochester – Rochester Police Department 8. City of Rochester Hills – OCSO Rochester Hills Substation 9. City of Royal Oak – Royal Oak Police Department 10. City of Troy – Troy Police Department 11. Bloomfield Township – Bloomfield Township Police Department 12. Commerce Township – OCSO Commerce Township Substation 13. Waterford Township – Waterford Township Police Department 14. West Bloomfield Township – West Bloomfield Township Police Department Application for Federal Assistance SF-424 * 1. Type of Submission: * 2. Type of Application: * If Revision, select appropriate !etter(s): D Preapplicalion IS] New I IS] Application D Continuation * Other (Specify): D Changed!Corrected Application 0 Revision I * 3. Date Received: 4. Applicant Identifier: 104/12/2023 I I Sa. Federal Entity Identifier: 5b. Federal Award Identifier: I I State Use Only: 6. Date Received by Stale: I I 17. State Application Identifier; I 8. APPLICANT INFORMATION: * a Legal Name: !city of Novi, Michigan * b. Employerrraxpayer Identification Number (EINfTIN): *c. UEI: 13a-6o32ss1 I IHSCJU29TX894 I d. Address: * Street1: 45175 w. Ten Mile Road Street2: * City; Novi I County/Parish: I * State: MI: Michigan Province: I * Country: USA: UNITED STATES * Zip I Postal Code: 48375-3006 I e. Organizational Unit: Department Name: Division Name: I I I f. Name and contact information of person to be contacted on matters involving this application: Prefix: k,r. I * First Name: Ranaldo Middle Name: I * Last Name: l011ie Suffix: I I Title: !Executive Director Organizational Affiliation: !Michigan High Intensity Drug Trafficking Area (HIDTA) *TetephoneNumber: j248-728-3702 I Fax Number: I * Email: lroliie@mi. hidta. net I I I I CD 0MB Number: 4040-0004 ExpiraUon Date: 11/30/2025 I I I I I I I I I I Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: le, City or Township Government I Type of Applicant 2: Select Applicant Type: s, County Government I Type of Applicant 3: Select Applicant Type: A, State Government I * Other (specify): I * 10. Name of Federal Agency: Office of National Drug Control Policy (ONDCP) I 11. Catalog of Federal Domestic Assistance Number: 195. 001 I CFDA Title: High Intensity Drug Trafficking Area Program * 12. Funding Opportunity Number: HIDTA I *Tille: High Intensity Drug Trafficking Area Program 13. Competition Identification Number: I I Title: 14. Areas Affected by Project {Cities, Counties, States, etc.): I I I Add Attachment 11 Delete Attachment 11 View Attachment I * 15. Descriptive Title of Applicant's Project: High Intensity Drug Trafficking Area Program Attach supporting documents as specified in agency instructions. I Add Attachments 11 Delete Attachments 11 View Attachments I Application for Federal Assistance SF-424 16. Congressional Districts Of: • a. Applicant lt-li-11 I • b. Program/Project Ir-II-All I Attach an additional list of Program/Project Congressional Districts if needed. I I I Add Attachment 11 Delete Attachment 11 View Attachment I 17. Proposed Project: • a. Start Date: 101/01/20231 • b. End Date: !12/31/20231 18. Estimated Funding($): •a.Federal I 664,920. ooi • b. Applicant • c. State 'd. Local • e. Other • f. Program Income 'g. TOTAL I 664,920. ool * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? D a. This application was made available to the State under the Executive Order 12372 Process for review on I I-D b. Program is subject to E.O. 12372 but has not been selected by the State for review. ~ c. Program is not covered by E.0. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation In attachment.) OYes ~No lf"Yes", provide explanation and attach I I I Add Attachment 11 Delete Attachment 11 View Attachment I 21. *By signing this application, I certify (1) to the statements contained In the list of certifications*' and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances*' and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) ~''I AGREE " The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: l1-1r. I • First Name: lcar1 l Middle Name: I I • Last Name: jJohnson l Suffix: I • Title: !chief Financial Officer (CFO) I • Telephone Number: 1248-347-0470 I Fax Number: 1734-735-5682 I • Email: lcjohnson@ci tyofnovi. org I • Signature of Authorized Representative: ~·1 • Date Signed: I s71 '!J...'2.3 I /;l 1 'L /"L.----~ -/ BUDGET INFORMATION -Non-Construction Programs SECTION A • BUDGET SUMMARY Grant Program Catalog of Federal Estimated Unobligated Funds Function or Domestic Assistance Activity Number Federal Non-Federal Federal (a) (b) (c) (d) (e) 1. HIDTA I I $ I I$ I $ I 664,920.001 2. I I I I I I 3. I I I I I I 4. I I I I I I 5. Totals $I $1 $ I 664,920. ool 0MB Number: 4040-0006 Expiration Date: 02/28/2025 New or Revised Budget $ I I I I $I Non-Federal Total (f) (g) $ I 664,920.001 I I I $1 664,920. ool Standard Form 424A (Rev. 7-97) Prescribed by 0MB (Circular A-102) Page 1 6. Object Class Categories (1) EIDT.A a. Personnel $ b. Fringe Benefits c. Travel I d. Equipment I e. Supplies I f. Contractual g. Construction h. Other I i. Total Direct Charges (sum of 6a-6h) I j. Indirect Charges k. TOTALS (sum of Si and 6j) $1 7. Program Income $I SECTION B • BUDGET CATEGORIES GRANT PROGRAM. FUNCTION OR ACTIVITY (2) (3) $ $ 102,914. ool 17,100.001 70,734.001 474,172.001 664,920. ool 664,920.001$ 1$ I II$ I $ ' Authorized for Local Reproduction (4) $ I$ I $ Total (5) sl I I 102,914. ooj I 17,100.001 I 10,734. ool I I I 474,172.001 $1 664, no. ooj $I 1 sl 664,920. ool $I Standard Form 424A (Rev. 7-97) Prescribed by 0MB (Circular Aw102) Page 1A SECTION C -NON-FEDERAL RESOURCES (a) Grant Program (b) Applicant (c) State (d) Other Sources (e)TOTALS 8. HIDTA $I $ I $ I $I 9. I I I I 10. I I I I 11. I r I I 12. TOTAL (sum of lines 8-11) $ I $ I $I $I SECTION D • FORECASTED CASH NEEDS Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 13. Federal $1 664,920. oo! $1 166,230.001 $1 166,230.001 $1 166,230.001 $1 166,230.001 14. Non-Federal $I I r I I i 15. TOTAL (sum of lines 13 and 14) $1 664,920. ooj $1 166,230.001 $1 166,230.00 I $1 166,230.001 $1 166,230.001 SECTION E -BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT (a) Grant Program 16. HIDTA 17. 18. 19. 20. TOTAL (sum of lines 16 -19) 21. Direct Charges: I 23. Remarks: I FUTURE FUNDING PERIODS /YEARS\ (b)First (c) Second $ I $I I r I I I r $I $I SECTION F -OTHER BUDGET INFORMATION I 122. Indirect Charges: I Authorized for Local Reproduction $I I I I $I (d) Third (e) Fourth $I I I r I $I I l I Standard Form 424A (Rev. 7-97) Prescribed by 0MB (Circular A -102) Page 2 0MB Number: 4040-0007 Expiration Date: 02/28/2025 ASSURANCES -NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Papeiwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions. please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.}, as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements ofTitles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Authorized for Local Reproduction Standard Form 4248 (Rev. 7-97) Prescribed by 0MB Circular A-102 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. SIGNATURE OF AUTHORllED CERTIFYING OFFICIAL ()1[1/1/f--/ APPLICANT ORGANIZATION/ !city of Novi, Michigan 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 0MB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. TITLE !chief Financial Officer (CFO) .• I DATE SUBMITTED t I I 11 '::,-z 1-z,,7 2.-?5 I ,-Standard Form 424B (Rev. 7-97) Back DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 0MB Number: 4040-0013 Expiration Date: 02/28/2025 1. * Type of Federal Action: 2. * Status of Federal Action: 3. * Report Type: 0 a.contract 0 a. bid/offer/application ~ a. initial filing ~ b.grant ~ b. initial award 0 b. material change 8 c. cooperative agreement 0 c. post-award d. loan 0 e. loan guarantee 0 f. loan insurance 4. Name and Address of Reporting Entity: ~Prime OsubAwardee •Name lcity of Hovi, Hichigan I • Street 1 145175 W. Ten Hile Road I Street 2 I I •city luovi I State li.u: Michigan I Zip 14B375-30061 Congressional District. it known: lm-11 I 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: 6. * Federal Department/Agency: 7. * Federal Program Name/Description: lomx::P I I I CFDA Number, if applicable: r I 8. Federal Action Number, if known: 9. Award Amount, if known: I I $I I 10. a. Name and Address of Lobbying Registrant: Prefix I I • First Name In/ A I Middle Name I l "LastName I :uot Applicable I Suffix I I • Street 1 I I Street 2 I I "City I I State I I Zip I I b. Individual Performing Services (including address if different from No. 10a} Pre~x I 1 • First Name Ill/A I Middle Name I I "Las/Name I not Applicable I Suffix I I • Street 1 I I Street 2 I I 'City I I State I I Zip I I 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public Inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 forJ>tch sii,h failure. • Signature: I I J1 -4--/1 /~ I *Name: Pre~x I Hr. I • FirJt N':761 Carl I Middle Name I l • Last Name I Johnson I Suffix I I . Title: lchief Financial Officer (CFO) I Telephone No.: !24B-347-0470 !□ate: I +I J? Jl--< I Federal Use Only: l Authorized for Local RcproducUon Standard Fonn - Lll (Rev. 7-97) CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penally of not less than $10,000 and not more than $100,000 for each such failure. • APPLICANT'S ORGANIZATION lcity of Novi, Michigan I • PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: k1r. I • First Name: icarl I Middle Name: I • Last Name: I Johnson I Suffix: I I • Tille: !chief Financial Officer (CFO) I • SIGNATUREci 1?4:r~ I • DATE: I .:s jl .i-Z z :JI I Novi Michigan HIDTA Budget Expenditures Name/Position Annual Salary Percent of Time Subtotal Total Expenditure Balance Purpose Annual Amount Subtotal Total Expenditure Balance Description No. of Months Monthly Rate Subtotal Total Expenditure Balance Description Quantity No. of Months Monthly Rate Subtotal Total Expenditure Balance TOTAL :$132,300.00 Total Amount Budgeted $132,300.00 Expenditures a 6/29/2023 $0.00 Remaining Balance $132,300.00 $0.00 $0.00$0.00 $0.00 $0.00$0.00 $12,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $12,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $119,700.00 $0.00 $119,700.00 $0.00 $0.00 $0.00 $0.00 $0.00 G. Equipment H. Supplies I. Other Costs C. Overtime D. Travel E. Facilties F. Services NET A. Personnel B. Fringe Benefits FY 2023 Budget Total 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 1 of 11 Rev. February 2023 PROGRAM YEAR 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND [MUNICIPALITY] Data Universal Numbering System (DUNS) #: [ ] This Agreement is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") and [Municipality], 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 Sheriff’s Office (“OCSO”). Under the Parties’ separate N.E.T. agreement, the Municipality is responsible for providing a full-time employee for participation in N.E.T. and for all costs associated with that employment, including overtime. The County, as the legal entity that administers N.E.T., submitted an Initiative Description and Budget Proposal (Exhibit A) to the Executive Board for Michigan HIDTA requesting the United States Office of National Drug Control Policy (“ONDCP”) to grant N.E.T. an award for program year (PY) 2023 to reimburse N.E.T. participating agencies for eligible law enforcement officer overtime. PY 2023 begins January 1, 2023 and ends December 31, 2023. If ONDCP grants N.E.T. an award for PY 2023, 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. 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 2 of 11 Rev. February 2023 1.1.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. 1.2.Grant funds mean the funds that may be awarded to the County and the other participating agencies in N.E.T. pursuant to Michigan HIDTA Initiative Description and Budget Proposal Version 2023 (Exhibit A) submitted to Michigan HIDTA by County on behalf of itself and the other participating agencies in N.E.T. 2. EXHIBITS. The Exhibits listed below are incorporated and are part of this Agreement. 2.1.Exhibit A – Michigan HIDTA Initiative Description and Budget Proposal Version 2023. 2.2.Exhibit B - Template Request for HIDTA Overtime Reimbursement (Locals to County). 2.3.Exhibit C – Sample letter regarding notification of current overtime pay rate. 2.4.Exhibit D – Sample overtime slip, signed by the officer’s supervisor that supports each Request for HIDTA Overtime Reimbursement. 2.5.Exhibit E – Sample paystub or payroll report that supports each Request for HIDTA Overtime Reimbursement. 3. FEDERAL AWARD PROJECT DESCRIPTION. 3.1. Catalog of Federal Domestic Assistance (“CFDA”) #: 95.001 3.2. Federal Awarding Agency: United States Office of National Drug Control Policy (“ONDCP”) 3.3. Program: High Intensity Drug Trafficking Areas (HIDTA) 3.3.1. HIDTA Objective: To reduce drug trafficking and drug production in the United States by: (A) facilitating cooperation among Federal, State, local, and tribal law enforcement agencies to share information and implement coordinated enforcement activities; (B) enhancing law enforcement intelligence sharing among Federal, State, local, and tribal law enforcement agencies; (C) providing reliable law enforcement intelligence to law enforcement agencies needed to design effective enforcement strategies and operations; and (D) supporting coordinated law enforcement strategies which maximize use of available resources to reduce the supply of illegal drugs in designated areas and in the United States as a whole. 3.4. Period of Performance: January 1, 2023 through December 31, 2023. 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 3 of 11 Rev. February 2023 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. 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 $5,700.00 for each participating law enforcement officer 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 total amount of the federal award for overtime costs committed to the Municipality and obligated by this action by the County to the Municipality amount may change as funds are available on a pro rata basis. Such commitment and obligation for overtime costs is contingent upon the ONDCP awarding the Grant funds to N.E.T and the MSP reimbursing the County. 4.2. The County will reimburse the Municipality up to $5,700.00 for each participating law enforcement officer 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 reimbursement is contingent upon the ONDCP awarding the grant funds to N.E.T and the MSP reimbursing the County. 4.2.1. HIDTA funds shall be used to pay overtime only if the overtime was performed in support of a HIDTA-designated Enforcement initiative or Intelligence and information Sharing Initiative. HIDTA funds shall not be used to pay overtime related to training attendance, financial management, drug treatment, drug demand reduction or prevention, or non- investigative related administrative work. 4.2.2. No HIDTA funds shall be used to supplant the Municipality’s funds that would otherwise be made available for the same purposes. 4.3. There is no research and development performed pursuant to this Agreement. 4.4. No indirect costs shall be charged or reimbursed under performance of this Agreement. 5. REIMBURSEMENT OF ELIGIBLE NET OVERTIME. 5.1. To request reimbursement for eligible N.E.T. overtime costs, the Municipality shall submit to the County the documentation described in the following subparagraphs no later than thirty (30) days after PY 2023 has expired. If the County, in its sole discretion, determines that the 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 4 of 11 Rev. February 2023 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 Reimbursement attached as Exhibit B. 5.1.2. A letter substantively similar to the sample letter regarding notification of current overtime pay rate attached as Exhibit C. 5.1.3. Overtime slips, signed by the officer’s supervisor, that support each Request for HIDTA Overtime Reimbursement. The overtime slips shall be substantively similar to the sample overtime slip attached as Exhibit D. 5.1.4. The paystub or payroll report that supports each Request for HIDTA Overtime Reimbursement. The paystub or payroll report shall be substantively similar to the sample paystub attached as Exhibit E. 5.2. County will only reimburse Municipality for approved overtime costs after County has received the Grant funds from MSP for that particular reimbursement request. 6. GENERAL COMPLIANCE. 6.1. The Municipality shall comply with to 28 C.F.R. Part 69 (New Restrictions on Lobbying) and 2 C.F.R. Part 25 (Universal Identifier and System of Award Management). 6.2. The Municipality shall comply with the Government-wide Suspension and Debarment provision set forth at 2 CFR Part 180. 6.3. The Municipality shall perform all activities in accordance with The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200 (the “Part 200 Uniform Requirements”), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R. Part 3603. For this award, the Part 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230. 6.4. The Municipality shall comply with ONDCP’s HIDTA Program Policy and Budget Guidance, all other applicable Federal, state, and local laws and regulations, and the terms and conditions contained in this Agreement. 6.5. The Municipality shall comply with all applicable requirements for subrecipients that are provided in the HIDTA Grant Agreement between ONDCP and MSP. The HIDTA Grant Agreement between ONDCP and MSP will be provided to the Municipality within a reasonable time after the County receives a copy of it. 6.6. As specified in the HIDTA Program Policy and Budget Guidance, the Municipality must: 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 5 of 11 Rev. February 2023 6.6.1. Establish and maintain effective internal controls over the Federal award that 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. 7.1. The Municipality shall maintain standards of financial accountability that conform to 2 C.F.R. §200.302 (Financial Management) and 2 C.F.R. §200.303 (Internal Controls). 7.2. The Municipality shall comply with audit requirements contained in 2 C.F.R. Part 200, Subpart F, which requires the Municipality to have an annual audit conducted within nine (9) months of the end of their fiscal year, if the Municipality has an aggregate expenditure of more than $750,000 in federal funds in a fiscal year. Any deficiencies noted in audit reports must be fully cleared by the Municipality within thirty (30) days after receipt of 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 by the County. 8. CONFLICT OF INTEREST. 8.1. The Municipality shall comply with the following ONDCP conflict of interest policies: 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 6 of 11 Rev. February 2023 8.1.1. As a non-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 may participate in the selection, award, or administration of a subaward or contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered for a sub- award or contract. The officers, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from subrecipients or contractors or parties to subawards or contracts. 8.1.3. If you have a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe, you must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub-award or procurement action involving a related organization. 9. MANDATORY DISCLOSURE. 9.1. As a non-Federal entity, the Municipality must disclose, in a timely manner, in writing to ONDCP all violations of Federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Federal award. Non-Federal entities that have received a Federal award that includes the term and condition outlined in 200 CFR Part 200, Appendix XII “Award Term and Condition for Recipient Integrity and Performance Matters,” are required to report certain civil, criminal, or administrative proceedings to System for Award Management (SAM). Failure to make required disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency, disallowance of all or part of the costs associated with noncompliance, suspension, termination of award, debarment, or other legally available remedies outlined in 2 CFR 200.338 “Remedies for Noncompliance”. 10. RECORD RETENTION. 10.1. The Municipality shall comply with the record retention provisions of 2 C.F.R. 200.333 (Retention requirements for records). 10.2. The Municipality should, whenever practicable, collect, transmit, and store Federal award- related information in open and machine readable formats rather than in closed formats or on paper in accordance with 2 C.F.R. 200.335 (Methods for collection, transmission and storage of information). 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 7 of 11 Rev. February 2023 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. 11.2. The Municipality shall permit the County and auditors to have access to the Municipality’s records and financial statements as necessary for the County to meet the requirements of 2 C.F.R. Part 200. 12. TERM. 12.1. This Agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the Agreement is filed according to MCL 124.510. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. This Agreement shall end on December 31, 2023. 13. ASSURANCES. 13.1. Each Party shall be responsible for its own acts and the acts of its employees and agents, the costs associated with those acts, and the defense of those acts. 13.2. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 13.3. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, laws, and requirements applicable to its activities performed under this Agreement. 14. TERMINATION OF AGREEMENT. 14.1. This Agreement may be terminated in whole or in part as follows: 14.1.1. by the County, if the Municipality fails to comply with the terms and conditions of this Agreement; 14.1.2. by the County for cause; 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 8 of 11 Rev. February 2023 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 Agreement in its entirety. 14.2. The County must provide to the Municipality a notice of termination. Written suspension or notice of termination will be sent to the Municipality’s business address. If this Agreement is terminated or partially terminated, both the County and the Municipality remain responsible for compliance with the requirements at 2 CFR 200.343 Closeout and 2 CFR 200.344 Post- closeout Adjustments and Continuing Responsibilities. 15. CLOSEOUT. 15.1. The County shall close-out this Agreement when it determines that all applicable administrative actions and all required work under this Agreement have been completed by Municipality. 15.2. The Municipality shall comply with the closeout provisions of 2 C.F.R. 200.343 (Closeout). 16. POST-CLOSEOUT ADJUSTMENTS AND CONTINUING RESPONSIBILITIES. 16.1. The closeout of this Agreement does not affect any of the following: 16.1.1. The right of County to disallow costs and recover funds on the basis of a later audit or other review. The County must make any cost disallowance determination and notify the Municipality within the record retention period; 16.1.2. The obligation of the Municipality to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments; 16.1.3. Audit requirements in Subpart F—Audit Requirements of 2 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 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 9 of 11 Rev. February 2023 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. 18. NO THIRD-PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. 19. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 20. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Agreement. 21. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 22. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 23. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 10 of 11 Rev. February 2023 No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 24. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 25. CAPTIONS. The section and subsection numbers and captions in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers and captions shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 26. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first-class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 26.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Board of 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: [Municipality] 26.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 27. CONTACT INFORMATION. County of Oakland Lieutenant Sean Jennings Investigative & Forensic Services Division Narcotics Enforcement Team Office: 248-858-1722 Fax: 248-858-1754 Email: jenningss@oakgov.com [Municipality] 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. 2023 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 11 of 11 Rev. February 2023 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 understanding between the Parties. This Agreement supersedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement, and hereby accepts and binds the County to the terms and conditions of this Agreement. EXECUTED: ____________________________________ DATE: ______________ David T. Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: _____________________________________ DATE: _______________ Printed Name: Title: IN WITNESS WHEREOF, _______________________, acknowledges that he/she has been authorized by a resolution of the Municipality’s governing body, a certified copy of which is attached, to execute this Agreement, and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: ____________________________________ DATE: ______________ Printed Name: Title: WITNESSED: _____________________________________ DATE: _______________ Printed Name: Title: FEDERAL TAX ID OR MSP INDEX/PCA1 $0.00002$0.00003$0.00004$0.00005$0.00006$0.0000$0.0000ITEM #123456MAILING ADDRESSREQUESTING OFFICER IS REQUIRED TO TYPE HIS/HER NAME IN THE BLUE BORDERED BOX BELOW.  By typing my name in the box below, I certify that this overtime  was incurred pursuant to HIDTA‐related investigations on the dates and in the amounts listed.APPROVING TASK FORCE COMMANDER IS REQUIRED TO TYPE HIS/HER NAME IN THE RED BORDERED BOX BELOW:  By typing my name in the box below, I certify I received this overtime request from the Requesting Officer, and have reviewed and approved after determining it to be in compliance with ONDCP Program Policy as previously provided to me.DATE OT WORKEDLOCATION:  Address, City/Township/CountyITEM # COMPLAINT ## OT HOURS WORKEDOT HOURLY RATETOTAL ENTRY COSTOVERTIME APPROVED FOR STATE/LOCAL OFFICERS ONLY.  LIMIT PER OFFICER IS $8,000 ANNUALLY AS PER MICHIGAN HIDTA PROGRAM POLICY.FEDERAL PARTICIPANTS ARE NOT ELIGIBLE TO RECEIVE HIDTA OVERTIME.Michigan HIDTARequest for HIDTA Overtime ReimbursementONE FORM PER OFFICERREGULAR OVERTIMEOFFICER'S NAME AND RANKHOME DEPARTMENT NAMEPHONE NUMBERRevised August 2019THIS INFORMATION IS CONFIDENTIAL.  DISCLOSURE OF CONFIDENTIAL INFORMATION IS PROTECTED BY THE FEDERAL PRIVACY ACT.PROVIDE A BRIEF DETAIL OF THE CORRESPONDING ITEM # FROM THE TABLE ABOVE.Michigan HIDTA Mary Szymanski ‐ Financial Manager FAX: 248.356.6513mszymanski@mi.hidta.netExhibit B January 17, 2018 Director Michigan HIDTA 28 W. Adams Suite 400 Detroit, Ml 48226 Dear Director Please accept this correspondence as notification of the current pay rate for the listed ADD YOUR AGENCY NAME police officer assigned to the Oakland County Narcotic Enforcement Team (NET). The rate became effective July 1, 2017. Parent Agency: Employee Name/Rank: Regular Pay Rate: Overtime Pay 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 reqµired. Sincerely, YOUR AGENCY LETTERHEAD Exhibit C ADD YOUR AGENCY NAME ADD OFFICER'S NAME AND RANKOFFICER'S REGULAR HOURLY RATE OFFICER'S OVERTIME HOURLY RATE Please Note: This document is used for illustrative purposes only and the required documentation does not have to be the same, but must contain the same elements. Required: Overtime slip signed by officer's supervisor. This item should include name, date, and overtime hours associated with HIDTA. The overtime rate should also be included unless provided in the paystub or payroll report. Exhibit D 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