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Home My WebLink AboutResolutions - 2024.07.18 - 41371 AGENDA ITEM: Acceptance from the Office of National Drug Control Policy for the 2024 High Intensity Drug Trafficking Areas (HIDTA) DEPARTMENT: Sheriff’s Office MEETING: Board of Commissioners DATE: Thursday, July 18, 2024 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4261 _ 24-58 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Grant Penny Luebs INTRODUCTION AND BACKGROUND 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, Undersheriff Gaia Piir, Sheriff Fiscal Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 7/19/2024 David Woodward, Board of Commissioners Approved - 7/19/2024 Hilarie Chambers, Executive's Office Approved - 7/24/2024 Lisa Brown, Clerk/Register of Deeds Final Approval - 7/24/2024 AGENDA DEADLINE: 07/18/2024 6:00 PM ATTACHMENTS 1. 2024 SO HIDTA NET Schedule A R1 2. Grant Review Sign-Off Acceptance 3. G24SM0002A State of Michigani SF 424 signed 4. Copy of 622105 2024 NET (002) 5. 2024 HIDTA Subrecipient Agreement (reviewed by Corp. Counsel Feb. 2024) 6. 2024 Exhibit A 7. 2024 Exhibits B-E COMMITTEE TRACKING 2024-07-09 Public Health & Safety - Forward to Finance 2024-07-10 Finance - Recommend to Board 2024-07-18 Full Board - Adopt Motioned by: Commissioner Christine Long Seconded by: Commissioner Ann Erickson Gault 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, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (19) No: None (0) Abstain: None (0) Absent: (0) Passed July 18, 2024 RESOLUTION #2024-4261 _ 24-58 Sponsored By: Penny Luebs Sheriff’s Office - Acceptance from the Office of National Drug Control Policy for the 2024 High Intensity Drug Trafficking Areas (HIDTA) Chair and Members of the Board: WHEREAS the Office of National Drug Control Policy (ONDCP) has awarded funding for the Oakland County Narcotics Enforcement Team (NET) initiative as part of the 2024 High Intensity Drug Trafficking Areas (HIDTA) Grant Program; and WHEREAS the total grant award is $132,300 with no county match required; and WHEREAS the grant funding period is January 1, 2024 through December 31, 2024; and WHEREAS the grant award will allow partial funding for overtime reimbursement of NET Investigators in the amount of $120,000; and WHEREAS the grant award will allow for reimbursement of communications services in the amount of $12,300; and WHEREAS Oakland County will issue subrecipient agreements to reimburse partial overtime for investigations to the local units of government that are part of the Narcotics Enforcement Team. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2024 High Intensity Drug Trafficking Areas (HIDTA) Grant award, for the period January 1, 2024 through December 31, 2024, in the amount of $132,300. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached 2024 High Intensity Drug Trafficking Areas (HIDTA) Grant Subrecipient Agreement and authorizes its Chairperson to execute this agreement with the following local units of government: City of Auburn Hills – Auburn Hills Police Department City of Birmingham – Birmingham Police Department City of Farmington Hills – Farmington Hills Police Department City of Ferndale – Ferndale Police Department City of Hazel Park – Hazel Park Police Department City of Pontiac – Oakland County Sheriff’s Office (OCSO) Pontiac Substation City of Rochester – Rochester Police Department City of Rochester Hills – OCSO Rochester Hills Substation City of Royal Oak – Royal Oak Police Department City of Troy – Troy Police Department Bloomfield Township – Bloomfield Township Police Department Commerce Township – OCSO Commerce Township Substation West Bloomfield Township – West Bloomfield Township Police Department BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original award as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of this program is contingent upon continued future levels of grant funding. Chair, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs. Date: July 19, 2024 David Woodward, Commissioner Date: July 24, 2024 Hilarie Chambers, Deputy County Executive II Date: July 24, 2024 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2024-07-09 Public Health & Safety - Forward to Finance 2024-07-10 Finance - Recommend to Board 2024-07-18 Full Board - Adopt Motioned by Commissioner Christine Long seconded by Commissioner Ann Erickson Gault to adopt the attached Grant: Acceptance from the Office of National Drug Control Policy for the 2024 High Intensity Drug Trafficking Areas (HIDTA). 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, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (19) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. 2024 SO HIDTA NET Schedule A R1 2. Grant Review Sign-Off Acceptance 3. G24SM0002A State of Michigani SF 424 signed 4. Copy of 622105 2024 NET (002) 5. 2024 HIDTA Subrecipient Agreement (reviewed by Corp. Counsel Feb. 2024) 6. 2024 Exhibit A 7. 2024 Exhibits B-E STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 18, 2024, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Thursday, July 18, 2024. Lisa Brown, Oakland County Clerk / Register of Deeds Oakland County, Michigan SHERIFF'S OFFICE - GRANT ACCEPTANCE 2024 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 2024 Amendment FY 2025 Amendment FY 2026 Amendment R General Fund Grants Investigative & Forensic Svcs FND10101 CCN4030901 RC610313 PRG110090 GRN-1004388 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-1004388 702000 Overtime $60,000.00 $60,000.00 $60,000.00 E General Fund Grants Investigative & Forensic Svcs FND10101 CCN4030901 SC730324 PRG110090 GRN-1004388 730000 Communications 12,300.00 12,300.00 12,300.00 E General Fund Grants Investigative & Forensic Svcs FND10101 CCN4030901 SC731465 PRG110090 GRN-1004388 730000 Program 60,000.00 60,000.00 60,000.00 Total Expenditures $132,300.00 $132,300.00 $132,300.00 GRANT REVIEW SIGN-OFF – Sheriff’s Office AWD00505 GRANT NAME: 2024 High-Intensity Drug Trafficking Areas (HIDTA) Grant FUNDING AGENCY: Office of National Drug Control Policy as a sub-recipient of Michigan State Police DEPARTMENT CONTACT: Tammy Feole / (248) 858-2866 STATUS: Acceptance (Greater than $10,000) DATE: 07/02/2024 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 downloaded into Civic Clerk on the next agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved – Sheryl Johnson (07/02/2024) Human Resources: Approved by Human Resources. No position impact. – Heather Mason (06/27/2024) Risk Management: Approved. No County insurance requirements – Robert Erlenbeck (06/27/2024) Corporation Counsel: Approved. I did not identify any legal issues with the grant material. – Sharon Kessler (06/28/2024) NET FY 2024 Budget Total City if Novi Michigan HIDTA Budget Expenditures Total Expenditure Balance A. Personnel $0.00 $0.00 $0.00 B. Fringe Benefits $0.00 $0.00 $0.00 C. Overtime $120,000.00 $0.00 $120,000.00 Total Expenditure Balance D. Travel $0.00 $0.00 $0.00 Total Expenditure Balance E. Facilties $0.00 $0.00 $0.00 Total Expenditure Balance F. Services $12,300.00 $0.00 $12,300.00 G. Equipment $0.00 $0.00 $0.00 H. Supplies $0.00 $0.00 $0.00 I. Other Costs $0.00 $0.00 $0.00 TOTAL :$132,300.00 Total Amount Budgeted $132,300.00 Expenditures as of 6/21/2024 $0.00 Remaining Balance $132,300.00 NET FY 2024 Budget Personnel Administrative Section Michigan HIDTA Budget Expenditures A. Personnel Name/Position Annual Pay Percent of Time No. Months Total $0.00 Budgeted Amount $0.00 Expenditures as of 6/21/2024 $0.00 Balance $0.00 NET FY 2024 Budget Expenditures (Personnel) Vendor Invoice Log #Invoice Date Invoice Amount Reconciled TOTAL $0.00 NET FY 2024 Budget Fringe Benefits Administrative Section Michigan HIDTA Budget Expenditures B. Fringe Benefits Name/Position Annual Pay Percent of Time No. Months Total $0.00 Budgeted Amount $0.00 Expenditures as of 06/21/24 $0.00 Balance $0.00 NET FY 2024 Budget Expenditures (Fringe Benefits) Vendor Invoice Log #Invoice Date Invoice Amount Reconciled TOTAL $0.00 $0.00 $0.00 NET FY 2024 Budget Overtime Administrative Section Michigan HIDTA ` Budget Expenditures C. Overtime Name/Position # of Hours Original Budget Reprogram in Reprogram Out Total 20 State/Local TFOs x $5,900 $118,000.00 $118,000.00 Reprogram from Services to align with staffing level 6/18/24 JH BW $2,000.00 $120,000.00 $120,000.00 $120,000.00 $120,000.00 $120,000.00 $120,000.00 Budgeted Amount $120,000.00 Expenditures as of 6/21/2024 $0.00 Balance $120,000.00 NET FY 202X Budget Expenditures (Overtime) Vendor Invoice Log #Invoice Date Invoice Amount Reconciled TOTAL $0.00 $0.00 $0.00 $0.00 NET FY 2024 Budget Travel Administrative Section Michigan HIDTA Budget Expenditures D. Travel Purpose Original Budget Reprogram in Reprogram Out Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Budgeted Amount $0.00 Expenditures as of 6/21/2024 $0.00 Balance $0.00 NET FY 2024 Budget NET FY 2024 Budget Expenditures (Travel) Vendor Invoice Log #Invoice Date Invoice Amount Reconciled TOTAL NET FY 2024 Budget Facilities Administrative Section Michigan HIDTA Budget Expenditures E. Facilities Description No. of MonthsOriginal Budget Reprogram in Reprogram Out Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Budgeted Amount $0.00 Expenditures as of 6/21/2024 $0.00 Balance $0.00 NET NET FY 2024 Budget Expenditures (Facilities) Vendor Invoice Log #Invoice Date Invoice Amount Reconciled TOTAL 0.00 0.00 0.00 NET FY 2024 Budget Services Administrative Section Michigan HIDTA Budget Expenditures F. Services Description Quantity Original Budget Reprogram in Reprogram Out Total 28 iPhones x $42.56 /month x 12 months $14,300.00 $14,300.00 Reprogram to Overtime to align w/staff levels 6/18/24 JH BW -$2,000.00 $12,300.00 $12,300.00 $12,300.00 $12,300.00 $12,300.00 $12,300.00 $12,300.00 $12,300.00 $12,300.00 $12,300.00 $12,300.00 $12,300.00 $12,300.00 $12,300.00 Budgeted Amount $12,300.00 Expenditures as of 6/21/2024 $0.00 Balance $12,300.00 NET FY 2024 Budget Expenditures (Services) Vendor Invoice Log #Invoice Date Invoice Amount Reconciled TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 NET FY 2024 Budget Equipment Administrative Section Michigan HIDTA Budget Expenditures G. Equipment Description Quantity Original Budget Reprogram in Reprog ram Out Total $0.00 $0.00 $0.00 $0.00 Budgeted Amount $0.00 Expenditures as of 6/21/2024 $0.00 NET Balance $0.00 FY 2024 Budget NET FY 2024 Budget Expenditures (Equipment) Vendor Invoice Log #Invoice Date Invoice Amount Reconciled TOTAL $0.00 $0.00 $0.00 $0.00 NET FY 2024 Budget Supplies Administrative Section Michigan HIDTA Budget Expenditures H. Supplies Description Quantity Original Budget Reprogram in Reprogram Out Total Office supplies $0.00 Computers $0.00 $0.00 $0.00 $0.00 Budgeted Amount $0.00 Expenditures as of 6/21/2024 $0.00 Balance $0.00 NET NET FY 2024 Budget Expenditures (Supplies) Vendor Invoice Log #Invoice Date Invoice Amount Reconciled TOTAL 0.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 NET FY 2024 Budget Other Administrative Section Michigan HIDTA Budget Expenditures I. Other Costs Purpose Annual Amount Subtotal Total $0.00 $0.00 Budgeted Amount $0.00 Expenditures as of 6/21/2024 $0.00 Balance $0.00 NET NET FY 2024 Budget Expenditures (Other) Vendor Invoice Log #Invoice Date Invoice Amount Reconciled Total $0.00 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 1 of 11 Rev. February 2024 PROGRAM YEAR 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND [MUNICIPALITY] Unique Entity Identifier (UEI) #: [ ] 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) 2024 to reimburse N.E.T. participating agencies for eligible law enforcement officer overtime. PY 2024 begins January 1, 2024, and ends December 31, 2024. If ONDCP grants N.E.T. an award for PY 2024, the ONDCP disburses the HIDTA grant funds to the City of Novi. 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 City of Novi 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: 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 2 of 11 Rev. February 2024 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 2024 (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 2024. 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, 2024, through December 31, 2024. 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 3 of 11 Rev. February 2024 3.5. The Federal Award Identification Number (FAIN) is provided in the HIDTA Grant Agreement between ONDCP and the City of Novi, 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 $6,000.00 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 City of Novi reimbursing the County. 4.2. The County will reimburse the Municipality up to $6,000.00 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 City of Novi 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 N.E.T. 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 2024 has expired. If the County, in its sole discretion, determines that the 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 4 of 11 Rev. February 2024 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 the City of Novi 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 the City of Novi. The HIDTA Grant Agreement between ONDCP and the City of Novi 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: 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 5 of 11 Rev. February 2024 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: 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 6 of 11 Rev. February 2024 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). 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 7 of 11 Rev. February 2024 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, 2024. 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; 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 8 of 11 Rev. February 2024 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 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 9 of 11 Rev. February 2024 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. 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 10 of 11 Rev. February 2024 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 Bryan Wood Investigative & Forensic Services Division Narcotics Enforcement Team Office: 248-858-1722 Fax: 248-858-1754 Email: woodb@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. 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND [MUNICIPALITY] Page 11 of 11 Rev. February 2024 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: IDBP Supplemental Section – Enforcement 2024 Michigan HIDTA Initiative Description and Budget Proposal (IDBP) Supplemental Section  Program Year 2024 TO BE INCLUDED WITH IDBP SUBMISSION Initiative Name: Must check at least one box in each of the three categories below for the Threat Focus Organization Focus  Interdiction Modalities  Drug Focus ENFORCEMENT INITIATIVE You will need to print this form, check the appropriate boxes, scan completed form, and send with your Initiative Description and Budget Proposal submission. Oakland County NET Exhibit A FEDERAL TAX ID OR MSP INDEX/PCA 1 $0.0000 2 $0.0000 3 $0.0000 4 $0.0000 5 $0.0000 6 $0.0000 $0.0000 ITEM # 1 2 3 4 5 6 MAILING ADDRESS REQUESTING 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 WORKED LOCATION: Address, City/Township/CountyITEM # COMPLAINT # # OT HOURS WORKED OT HOURLY RATE TOTAL ENTRY COST OVERTIME 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 HIDTA Request for HIDTA Overtime Reimbursement ONE FORM PER OFFICER REGULAR OVERTIME OFFICER'S NAME AND RANK HOME DEPARTMENT NAME PHONE NUMBER Revised August 2019 THIS 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: 248.356.6513 mszymanski@mi.hidta.net Exhibit 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