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Interlocal Agreements - 2024.07.18 - 41378
PROGRAM YEAR2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND CITY OF AUBURNHILLS Unique Entity Identifier (UEI)#:DTASCMRW1MD6 BEE 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,MI 48326,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 Agreementfor 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 forall 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 enforcementofficer overtime.PY 2024 begins January |,2024,and ends December31,2024. 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 reimbursementrequests,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 ANDO CITY OF AUBURN HILLS Page 1 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 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. 1.2.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 ProposalVersion2024(Exhibit A)submitted to Michigan HIDTA by County on behalf of itself and the other participating agencies in N.E.T. -EXHIBITS.The Exhibits listed below are incorporated and are part of this Agreement. 2.1.Exhibit A—Michigan HIDTAInitiative 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. 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 December31,2024. 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 2 of 11 Rev.February 2024 3:5.The Federal Award Identification Number(FAIN)is provided in the HIDTA Grant AgreementbetweenONDCPandtheCityofNovi,whichis incorporated into this Agreement by reference. 4.USE OF HIDTA FUNDS. 4.1. 4.2. 4.3. 4.4. The total amount of the federal award for overtime costs committed to the Municipality andobligatedbythisactionbytheCountytotheMunicipalityisnottoexceed$6,000.00 for eachparticipatinglawenforcementofficerunlessotherwiseprovidedherein.That amount is basedonthenumberofN.E.T participating agencies andeligible law enforcement officersat the timethisAgreementwasexecutedbybothParties.If the number of N.E.T participating agenciesand/or eligible law enforcement officers changes during the term of this Agreement,the totalamountofthefederalawardforovertimecostscommittedtotheMunicipalityandobligatedbythisactionbytheCountytotheMunicipalityamountmaychangeasfundsareavailableonaproratabasis.Such commitment and obligation for overtime costs is contingent upon theONDCPawardingtheGrantfundstoN.E.T and the City of Novi reimbursing the County. 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. There is no research and development performed pursuant to this Agreement. No indirect costs shall be charged or reimbursed under performance of this Agreement. 5.REIMBURSEMENT OF ELIGIBLE 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 CITY OF AUBURN HILLS Page 3 of 11 Rev.February 2024 5.2. 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 similarto 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 HIDTAOvertimeReimbursement.The overtime slips shall be substantively similar to the sample overtime slip attached as Exhibit D. 5.1.4.The paystub orpayroll report that supports each Request for HIDTA Overtime Reimbursement.The paystub or payroll report shall be substantively similar to the samplepaystubattachedasExhibitE. 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. GENERAL COMPLIANCE. 6.1. 6.2, 6,3, 6.4. 6.5. 6.6. The Municipality shall comply with to 28 C.F.R.Part 69 (New Restrictions on Lobbying) and 2 C.F.R.Part 25 (Universal Identifier and System of Award Management). The Municipality shall comply with the Government-wide Suspension and Debarment provision set forth at 2 CFR Part 180. The Municipality shall perform all activities in accordance with The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200 (the “Part 200 Uniform Requirements”),as adopted and implemented by the Office of National Drug Control Policy (ONDCP)in 2 C.F.R.Part 3603.For this award,the Part 200 Uniform Requirements supersede,among other things,the provisions 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 ProgramPolicy and Budget Guidance,all other applicable Federal,state,and local laws and regulations,and the terms and conditions contained in this Agreement. The Municipality shall comply with all applicable requirements for subrecipients that are provided in the HIDTA Grant Agreement between 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. As specified in the HIDTA Program Policy and Budget Guidance,the Municipality must: 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANTSUBRECIPIENTAGREEMENTBETWEEN OAKLAND COUNTYANDCITYOFAUBURNHILLS Page 4 of 11 Rev.February 2024 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 forInternal Control in the FederalGovernment,”issued by the Comptroller General of the United States and the “InternalControlIntegratedFramework,”issued by the Committee of Sponsoring Organizations oftheTreadwayCommission(COSO). 6.6.2.Comply with Federal statutes,regulations,and the terms and conditions of the Federalawards. 6.6.3.Evaluate and monitor compliance with applicable statute and regulations,and the terms and conditions of the Federal award. 6.6.4.Take prompt action when instances of noncompliance are identified,includingnoncomplianceidentifiedinauditfindings. 6.6.5.Take reasonable measures to safeguard protected personally identified information (PII)and other information ONDCP or the Municipality designates consistent with applicableFederal,state,and local laws regarding privacy and obligations of confidentiality. 7.FINANCIAL ACCOUNTABILITY AND AUDIT REQUIREMENTS. 7.1. 7.2, The Municipality shall maintain standards of financial accountability that conform to 2C.F.R.§200.302 (Financial Management)and 2 C.F.R.§200.303 (Internal Controls). The Municipality shall comply with audit requirements contained in 2 C.F.R.Part 200, Subpart F,which requires the Municipality to have an annual audit conducted within nine (9)months of the end of theirfiscal year,if the Municipality has an aggregate expenditure ofmorethan$750,000 in federal funds in 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 fortraining expenses shall beincludedontheScheduleofExpendituresofFederalAwardsiftheMunicipalityisrequired to have a single audit performed.Municipalities that are exemptfrom 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 withthe following ONDCP conflict of interest policies: 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 5 of 11 Rev.February 2024 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 orcontract.The officers,employees,and agents of the non-Federal entity mustneithersolicitnoracceptgratuities,favors,or anything of monetary value fromsubrecipientsorcontractorsorpartiestosubawardsorcontracts. 8.1.3.Ifyou have a parent,affiliate,or subsidiary organization that is not a State,local government,or Indian tribe,you must also maintain written standards of conduct coveringorganizationalconflictsofinterest.Organizational conflicts of interestmeans that because of relationships with a parent company,affiliate,or subsidiary organization,you are unableorappeartobeunabletobeimpartialinconductingasub-award or procurement action involving a related organization. 9.MANDATORY DISCLOSURE. 9.1.As anon-Federal entity,the Municipality must disclose,in a timely manner,in writing to ONDCP all violations of Federal criminal law involving fraud,bribery or gratuity violations potentially affecting the Federal award.Non-Federal entities that have received a Federal award that includes the term and condition outlined in 200 CFR Part 200,Appendix XII “Award Term and Condition for Recipient Integrity and Performance Matters,”are required to report certain civil,criminal,or administrative proceedings to System for Award Management (SAM).Failure to make required disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency,disallowance of all or part of the costs associated with noncompliance,suspension,termination of award, debarment,or other legally available remedies outlined in 2 CFR 200.338 “Remedies for Noncompliance”. 10.RECORD RETENTION. 10.1. 10.2. The Municipality shall comply with the record retention provisions of 2 C.F.R.200.333 (Retention requirements for records). The Municipality should,whenever practicable,collect,transmit,and store Federal award- related information in open and machine readable formats ratherthan in closed formats or on paperin accordance with 2 C.F.R.200.335 (Methods forcollection,transmission and storage of information). 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 6 of 11 Rev.February 2024 11,ACCESS TO RECORDS. 11.1. 11.2. 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 make audits,examinations,excerpts,and transcripts.The right alsoincludestimelyandreasonableaccesstotheMunicipality's personnel for the purpose ofinterviewanddiscussionrelatedtosuchdocuments.The right of access to the Municipality’srecordsisnotlimitedtotherequiredretentionperiodbutlastaslongastherecordsareretained. The Municipality shall permit the County and auditors to have access to the Municipality’srecordsandfinancialstatementsasnecessaryfortheCountytomeettherequirementsof2C.F.R.Part 200. 12.TERM. 12.1.This Agreement and any amendments hereto shall be effective when executed by both PartieswithconcurrentresolutionspassedbythegoverningbodiesofeachParty,and when theAgreementisfiledaccordingtoMCL124.510.The approval and terms of this Agreement andanyamendmentsheretoshallbeenteredintheofficialminutesofthegoverningbodiesofeach Party.This Agreement shall end on December 31,2024. 13.ASSURANCES. [3a 13.26 13.3. Each Party shall be responsible for its own acts and the acts of its employees and agents,the costs associated with those acts,and the defense of those acts. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement.The persons signing this Agreement on behalfof each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. Each Party shall comply with all federal,state,and local ordinances,regulations, administrative rules,laws,and requirements applicable to its activities performed under this Agreement. 14.TERMINATION OF AGREEMENT. 14.1,This Agreement may be terminated in 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 CITY OF AUBURN HILLS Page 7 of 11 Rev.February 2024 14.1.3.by the County with the consent of the Municipality,in which case the two parties mustagreeupontheterminationconditions,including the effective date and,in the case of partial termination,the portion to be terminated; 14.1.4.by the Municipality upon sending to the County written notification setting forth the reasons for such termination,the effective date,and,in the case of partial termination,theportiontobeterminated.However,if the County determines in the case of 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 ornoticeofterminationwillbesenttotheMunicipality’s business address.If this Agreement isterminatedorpartiallyterminated,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-CLOSEOQUT 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 onthe 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 ofthis 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 CITY OF AUBURN HILLS Page 8 of 11 Rev,February 2024 18. 19, 20. 21. 22. 23. remedied by imposing additional conditions,the County may take 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 (that is,deny both use of funds and any applicable matching credit for)all or partofthecostoftheactivityoractionnotincompliance; 17.1.3.wholly orpartly 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 may be legally available. NO THIRD-PARTY BENEFICIARIES.Except as provided for the benefit of the Parties,thisAgreementdoesnotandisnotintendedtocreateanyobligation,duty,promise,contractual right orbenefit,right to indemnification,right to subrogation,and/or any other right,in favor of any other personorentity. DISCRIMINATION.The Parties shall not discriminate against their employees,agents,applicantsforemployment,or another persons or entities with respect to hire,tenure,terms,conditions,andprivilegesofemployment,or any matter directly or indirectly related to employment in violation of any federal,state or local law. PERMITS AND LICENSES.Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement,all licenses,permits,certificates,and 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/orotherlegal right,privilege,power, obligation,duty,or immunity of the Parties. DELEGATION/SUBCONTRACT/ASSIGNMENT.Neither Party shall delegate,subcontract, and/orassign any obligations or rights under this Agreement without the prior written consent of theotherParty. NO IMPLIED WAIVER.Absent a written waiver,no act,failure,or delay by a Party to pursue orenforceanyrightsorremediesunderthisAgreementshallconstituteawaiverofthoserightswithregardtoanyexistingorsubsequentbreachofthisAgreement.No waiverof any term,condition,orprovisionofthisAgreement,whether by conduct or otherwise,in one or more instances,shall be deemed orconstrued 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 CITY OF AUBURN HILLS Page 9 of 11 Rev.February 2024 24, 25. 26. No waiverby either Party shall subsequently affect its right to require strict performance of thisAgreement. SEVERABILITY.Ifa court of competent jurisdiction finds a term,or condition,of this Agreementtobeillegalorinvalid,then the term,or condition,shall be deemed severed from this Agreement.Allotherterms,conditions,and provisions of this Agreement shall remain in full force. CAPTIONS.The section and subsection numbers and captions in this Agreement are intended fortheconvenienceofthereaderandarenotintendedtohaveanysubstantivemeaning.The numbersandcaptionsshallnotbeinterpretedorbeconsideredaspartofthisAgreement.Any use of thesingularorpluralnumber,any reference to the male,female,or neuter genders,and any possessive ornonpossessiveuseinthisAgreementshallbedeemedtheappropriateplurality,genderor possession as the context requires. NOTICES.Notices given under this Agreement shall be in writing and shall be personally delivered,sent by express delivery service,certified mail,orfirst-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 Sheriffs 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 AuburnHills. 26.3.Either Party may change the address and/orindividual to which Noticeis sent by notifying the other Party in writing of the change. 27.CONTACT INFORMATION. County of Oakland City of Auburn Hills Lieutenant Bryan Wood 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:woodb@oakgov.com Fax:248-370-9365 Email:rgagnon@auburnhills.or, 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 10 of 11 Rev.February 2024 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 must be in writing and executed by both Parties. 30.ENTIRE AGREEMENT.This Agreement represents the entire agreement and understandingbetweentheParties.This Agreement supersedes all other oral or written agreements between theParties.The language of this Agreement shall be construed as a whole according to its fair meaning,and not construedstrictly for or against any Party. IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board ofCommissioners,aeKnoWledges that he has,been authorized by a resolution of the Oakland County BoardofCommissiongfs,a certified copy of wififh is attaghed,to execute this Agreement,and hereby acceptsandbindstheCountyto/the terms and-sohditions of this Agreement. EXECUTED:DATE:~|{20/2 vid T.WoodWard,Chairperson “ Oakland County Board of Commissioners wrtnesseo.~OW TL pATE:_1[20 [24 n Printed Name:Jotwn S7OniG Feira.)Title:SERPEMRY IN WITNESS WHEREOF,RK yan Gagnon ,acknowledges that he/she has been authorizedbyaresolutionoftheMunicipality’s governing body,a certified copy of which is attached,to execute thisAgreement,and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED:“©°\—DATE: _ 3/19/24 Printed Naine:Ryan Gagnon Title:Chief of Police WITNESSED:Lyx nif DATE:3-/7-24%Printed Name:S-ob+MCGrauwTitle:Deputy Chief of Police 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF AUBURN HILLS Page 11 of 11 Rev.February 2024 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:|}2024 Initiative Title: NET -Oakland County Narcotics 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 []NO SECTION 2:PROFILE Initiative Description Enter Lead Agency:|Oakland CountySheriff's Office Enter Location ofInitiative (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 ofInitiative 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.ThisdescriptionshouldindicatewhentheinitiativewasfirstfundedbyHIDTA. 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.IncludeinformationonDTOsandMLOsoperatinginyourarea.DO NOT use specific names/addresses for any organizations orprovideanyinformationwhichislawenforcementsensitiveorclassified.Referring to the Michigan HIDTA Annual ThreatAssessment/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 yourplantoaddressthespecificthreats/problems in your area and achieve your performance targets.If your initiativeconsistsofmultipleteams,explain how each team's activities attack the drug threat in your HIDTA county.Detail howyouwillworkmoreefficientlyandeffectivelybyconductingintelligence-driven investigations and sharing information(leads). The next paragraph(s)should present your budget request.Remember that HIDTA funding is added-value funding andcannotbeusedtosupplantnormaloperatingbudgetitems.Each budget line item (overtime,equipment,supplies,vehicles,phones,services,etc.)must be detailed in narrative form,specifying the amount requested and how each line item amount will be utilized.It is important to relate why each line item is needed and howit fits into your plan to attack the threat in your region and attain your performance targets.Provide a clear,concise and complete explanation of all items in your budget request.The 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 HIDTAlimits the cap to $6,500 per officer annually.Each initiative is required to maintain documentation/spreadsheet to ensure these limits are not exceeded.Example:10 task force officers x $3,000/annually =$30,000 annual overtime. PLEASE NOTE:Equipment vs.Supplies -There has been a change in how these items are categorized.All items purchased for $5,000 or more per item are categorized as Equipment.All items purchased for $4,999 or less per item are categorized as Supplies. Equipment expenses must be detailed.Provide specifics for what will be purchased,the cost,and howit relates to your plan to address the threat.Example:10 ballistic shields @ $6,000 each =$60,000. Supplies expenses must be detailed.Provide specifics for what will be purchased,the cost,and how it relates to your plan to address the threat.Example:12 laptop computers @ $1,000 each =$12,000. Service expenses must also be detailed.Example:Monthly cell phone service for 12 officers @ $100/monthly x 12 months =$14,400. The total of all items must match the total entered in the "Total Dollar Amount Requested"field at the top of the next page. A complete proposal consists of this form AND the Michigan HIDTA FMS BudgetSheet. Enter Initiative Description and Budget Proposal Detail Below Total Dollar Amount Requested: | $132,300 Explain the mission of the initiative and provide a detailed explanation of the specific threat/s identified in theMichiganHIDTAAnnualThreatAssessmentthatthisinitiativeisdesignedtoaddress.All sections below mustbecompleted. INITIATIVE PURPOSE: The Oakland County Narcotic Enforcement Team (NET)is a cooperative partnership of federal,county and locallawenforcementagenciesinOaklandCounty,Michigan,and collocated at the Oakland County Sheriff's Office in Pontiac.NET -Focuses on mid-to upper-level drug trafficking organizations (DTOs)and criminal groups operating inOaklandCounty -Supports street-level investigative operations targeting illegal drug trafficking of cocaine,crack cocaine, methamphetamine,fentanyl,heroin,and controlled prescription drugs THREATPRIORITIES: Primary Threats: +Regional and local DTOs are the primary drug trafficking threats in the NET Area of Responsibility (AOR) o DTOs transport cocaine,heroin,fentanyl,and methamphetamine into Oakland County o Fentanyl and fentanyl mixed with other narcotics continue to be the most lethal category of illicit substances misused in Oakland County o Heroin-related overdose deaths remain at high levels in the county o NET has observed a substantial increase in methamphetamine distribution and use o Cocaine has become a resurgent threat and is widely available throughout the county o Controlled prescription drugs remain an area of concern o Most of the illegal narcotics remain in Oakland County and are distributed by local DTOs and eventually consumed by users INVESTIGATIVE APPROACH:(See Worksheet/Sample -2024 IDBP handout with new format) -NET will leverage HIDTA funds to support investigative overtime and communication services o Drug seizures will be thoroughly investigated by NET investigators in order to i Trace seizures back to source(s)of supply &Assist investigators in ultimately disrupting and dismantling DTOs o NETinvestigators monitor DTO trafficking patterns and share the information with our federal partners X NET’s primary focus is investigations into upper-and mid-level DTOs to identify,disrupt and dismantle their illicit drua traffickina operations Agency Positions Summarize the staffing levels you confidently expect to be part of your initiative for the Program Year selected.TheHIDTAFundedboxshouldbemarkedYesONLYwhenHIDTAfundingcoversthesalary/wages for the listed position. Poston Tl roe eeeRein [rem[ean]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 CountySheriff 1 No Yes Full Time Auditor Oakland County Sheriff 1 No Yes Full Time Deputy Oakland CountySheriff 7 No Yes Full Time Sergeant Oakland County Sheriff 3 No Yes Full Time Lieutenant Oakland CountySheriff 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 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 Officer Ferndale Police Depart 1 No Yes Full Time Predicting Expected Outputs:When developing your expected outputs for the Program Year,pleaseensureyoutakeintoconsiderationyourpast2-3 year performance averages.ONDCP frequentlyreferstotheseaverageswhenevaluatingfutureperformancetargetnumbers. SECTION 3:DTOs DTO Expected Outputs: Predict the number of DTOs and MLOs you expectto disrupt and/or dismantle during the Program Year.Your performance targets should be aggressive but reasonably attainable,considering expected staffing andfunding.Remember that your initiative's performance is compared to how successfully it attained itspredictedtotals.Please note Initiative's performance is not compared to the performance of other initiatives.Include pertinent notes in the Notes/Additional Information box. DISRUPTED Defined DISMANTLED Defined Enter Number of DTOs Expected to be Disrupted or Dismantled This Program Year:Page 3 N/ANotes/Additional Information: Enter Number of MLOs Expected to be Disrupted or Dismantled This Program Year:Page 3 N/ANotes/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 N/A Enter the Number of Chemical/Glassware/Equipment Expected to be Seized N/A Enter the Number of Children Expected to be Affected N/A Enter the Number of Meth Labs Expected to be Dismantled N/A Enter the Number of Other Clan Labs (Production/Conversion)Expected to be Dismantled N/A N/ANotes/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 HIDTA Cases: Enter the Number of New HIDTAInitiative Cases Expected to be Opened This Program Year: | N/A Notes/Additional Information:N/A Case Support: Enter the Number of Cases Expected to be Provided Analytical Support This Program Year:Page 3 Refer to definition of Analytical Support (AS).Project only number of cases which will receive AS from ananalystembeddedwithyourTFortheDSEMIIC/MIOC.Do not include cases which will receive AS from ananalystseatedattheHIDTA.A case can be reported receiving AS only ONCE IN A CALENDAR YEAR butcanbecountedeachcalendaryearitreceivesAS.Project the number of separate cases to receive AS in theyear,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:N/A Enter the Number of Case Matching Requests Expected to be Submitted This Program Year:N/A N/ANotes/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:Page 3 Notes/Additional Information:N/A SECTION 7:OTHER OUTPUTS ENTRY OF MANDATORY OUTPUTS FORENSIC ENHANCEMENT -MSP TECHNICAL SUPPORT UNIT -REDRUMContinuetoreportOtherOutputscontainedinthepicklistboxesbelow.Other Output information provided will bemaintainedinternallyattheHIDTAbutwillnotbereportedinPMP. ALL OTHERHIDTAINITIATIVES Report ONLYthe four Other Outputs ARRESTS,CRIMINAL GROUPS,FIREARMS SEIZED and T-IIl WIRETAPS.This information will be reported in PMP. FUGITIVES VS.ARRESTS Fugitives:Provide a projection of how many fugitives your task force will arrest for the year in Section 6:Fugitives.A fugitive is defined as an apprehension made pursuant to some type of court-issued pick-up order,such asanarrestwarrant,a writ,etc. Arrests:No projection of how many arrests your task force will make for the year is required.An arrest is definedasanyapprehensionmadeabsentanytypeofcourt-issued pick-up order;primarily arrests made onprobablecause.Indicate your task force's intentions to make arrests during the year by selecting/loading ARRESTSintooneoftheOtherOutputboxesbelow. Definition of Wiretap ae oo,ooSelecttheOtherOutputsyourinitiativeplanstoutilizeinthepicklist 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 electronic text messages or video communications.Indicate your plan to utilize wiretaps by selecting T-lIl WIRETAPS in one Other Output box to the right. Reporting Wiretaps No projection regarding the number of wiretaps to be utilized is required. The actual number of wiretaps is reported each quarter on the Task Force Quarterly Report.Report only the number of lines (telephone numbers)for which a court order authorized eavesdropping.Do not report an extension of a court order for the same telephone line (number) unless the extension is spanning the calendar year being reported.Note: Dialed number recorders (Pen Registers)are not considered a wiretap for PMP reporting purposes. Other Output: Other Output: Other Output: Other Output: Other Output: Other Output: Other Output: Other Output: Other Output: Other Output: Other Output: OF F I C E R ' S N A M E A N D R A N K M A I L I N G A D D R E S S Mi c h i g a n H I D T A R e q u e s t fo r H I D T A O v e r t i m e R e i m b u r s e m e n t P E R Ex h i b i t B M i c h i g a n H I D T A Ma r y Sz y m a n s k i - Fi n a n c i a l Ma n a g e r FA X : 24 8 . 3 5 6 . 6 5 1 3 ms z y m a n s k i @ m i . h i d t a . n e t R E G U L A R O V E R T I M E H O M E D E P A R T M E N T N A M E R E Q U E S T I N G O F F I C E R IS R E Q U I R E D T O T Y P E H I S / H E R N A M E I N T H E B L U E B O R D E R E D B O X BE L O W . B y ty p i n g m y na m e i n th e bo x b e l o w , | ce r t i f y th a t th i s ov e r t i m e wa s in c u r r e d pu r s u a n t to HI D T A - r e l a t e d in v e s t i g a t i o n s on th e da t e s an d in th e am o u n t s li s t e d . P H O N E N U M B E R FE D E R A L TA X ID O R M S P IN D E X / P C A A P P R O V I N G T A S K F O R C E C O M M A N D E R I S R E Q U I R E D T O T Y P E H I S / H E R N A M E I N T H E R E D B O R D E R E D B O X BE L O W : B y t y p i n g m y na m e i n th e bo x b e l o w , I ce r t i f y |re c e i v e d th i s ov e r t i m e re q u e s t fr o m th e Re q u e s t i n g Of f i c e r , an d ha v e re v i e w e d an d ap p r o v e d af t e r de t e r m i n i n g i t to be in co m p l i a n c e wi t h O N D C P P r o g r a m Po l i c y as pr e v i o u s l y pr o v i d e d to m e . IT E M # C O M P L A I N T # D A T E O T W O R K E D # O T H O U R S W O R K E D O T H O U R L Y R A T E T O T A L E N T R Y C O S T LO C A T I O N : Ad d r e s s , Ci t y / T o w n s h i p / C o u n t y O V E R T I M E A P P R O V E D F O R S T A T E / L O C A L O F F I C E R F E D E R A L P A R T S ON L Y . LI M I T PE R OF F I C E R IS $8 , 0 0 0 A N N U A L L Y A S PE R M I C H I G A N H I D T A P R O G R A M P O L I C Y . IC I P A N T S A R E N O T EL I G I B L E T O RE C E I V E H I D T A O V E R T I M E . $0 . 0 0 0 0 $0 . 0 0 0 0 $0 . 0 0 0 0 $0 . 0 0 0 0 $0 . 0 0 0 0 aATN TMT STP] $0 . 0 0 0 0 IT E M # $0 . 0 0 0 0 P R O V I D E A BR I E F DE T A I L O F T H E C O R R E S P O N D I N G I T E M # F R O M T H E T A B L E A B O V E . NIEmMi tpn]o Re v i s e d Au g u s t 20 1 9 + TH I S I N F O R M A T I O N IS C O N F I D E N T I A L . D I S C L O S U R E O F C O N F I D E N T I A L I N F O R M A T I O N IS P R O T E C T E D B Y T H E FE D E R A L P R I V A C Y A C T . Exhibit C YOUR AGENCY LETTERHEAD January 17,2022 Director Michigan HIDTA 26211 Central Park Blvd. Southfield,MI 48076 Dear Director: Please accept this correspondenceas notification of the current pay rate for the listed ADDYOURAGENCYNAMEpoliceofficerassignedtotheOaklandCountyNarcoticEnforcementTeam(NET).The rate became effective.July 1,2021. Parent Agency:ADD YOUR AGENCY NAME Employee Name/Rank:ADD OFFICER'S NAME AND RANK Regular Pay Rate:OFFICER'S REGULAR HOURLY RATE Overtime Pay Rate:OFFICER'S OVERTIME HOURLY RATE As requested,the overtime rate listed does not include any fringe benefits,such asretirement,FICA,etc.Please contact my office if additional information is required. Sincerely, Please Note:This document is used for illustrative to be the same, EE 1:seer Exhibit Dpurposesonlyandtherequireddocumentationdoesnothavebutmustcontainthesameelements.Required:Overtime slip signed byofficer'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 Ds 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 3 AV /N6 08/01/2016 15:00-23:0008/02/2016 15:00-23:0008/03/2016 44:00-00:00 2hour 16-net-41908/04/2016 44:00-23:00 {hour IR-16-26308/05/2016 03:00-07:00 Ahour [R-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 usedfor 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 paystub.If the paystub doesnot.indicate the overtime rate ofpay,then please include with the overtime slip. Pay Period Ending on:08/07/2016Check#: Check Date:08/12/2016PrimaryRate:31.2962witholdingRate:00FederalAllowances:0 PAYCODESSID:AEE SGROSS ID]|/DEDUCTION=:MOUNT DLONGEVITYPS0.00 0.00 350.00//FITW 475.02 8,268.40SALARY7.00 2,832.31]41,498.79||strw 112.08 1,906.87TRAININGPS0.00 0.00 876.28]|SOCSEC_EE 176.08 2,991.56SICKPS07/01 0.00 0.00 625.92||MEDICARE_EE 41.18 699.64F/Y SICK PAYOUT 0.00 0.00 594.63||DUES_Pso 29.63 444.38PSSCKGAP0.00 0.00 2,879.25||/PS HBL VISION 9.13 104.73IN_LIEU_MEDPS$0.00 115.38 1,846.08//RETIREPSOFF 84.97 1,424.49LIFEINS0.00 0.00 8.96/|ICMA_PCNT 117.91 1,959.14HOLIDAY0.00 0.00 1,251.85||PLEX_PLAN 98.50 1,576.00SAVINGSPSO5.60 84.00PNC647.59]11,474.94PNC1,000.00]16,588.65ALLY150.00 2,400.00 TOTALS:80.00 A)2,947.69}495,931.76||TOTALS:2,947.69|49,922.80 Net Pay This Period:1,797.59 LEAVESBANK HOURS#ACCRUED iQURS=LOST :NEWBALANCE,COMP_PS 0.00 0.00 7.50F/Y SICK PAYOUT 0.00 0.00 0.00 0.00PSKELLYBANK0.00 0.00 0.00 0.00SICKPS07/01 96.00 0.00 0.00 96.00SICKPSGAP41.00 0.00 0.00 41.00VACPS124.00 0.00 0.00 124.00 08/12/2016 1,797.59 KHKVOL DY &RK KH RVOT D&W eK eK RE VOT OR EERE *AECHECK STUB REPRINT****** CiTY OF AUBURN HILLS 1827 N.SQUIRREL ROAD AUBURN HILLS,MI 48326AUBURNHILLS248.370.9402 WWW.AUBURNHILLS.ORG Ata regular meeting of the City Council of the City of Auburn Hills,Oakland County,Michigan,held in theCityCouncilChamberat1827N.Squirrel Road,Auburn Hills,Ml 48326 at 7:00 PM,on the 18°day ofMarch,2024.The following resolution was offered by Council Member Hawkins and seconded by CouncilMemberFerguson: 7g.Motion —To approve the 2024 HIDTA Sub-Recipient Agreement with Oakland County. RESOLVED:To approve the 2024 HIDTA Agreement between Oakland Countyand the City of AuburnHills and authorize the Chief of Police to sign the agreement on behalf of the City. AYES:7 (Ferguson,Fletcher,Hawkins,Knight,Marzolf,McDaniel,Verbeke) NAYES:None ABSENT:None ABSTENTIONS:None RESOLUTION ADOPTED Resolution #24.03.047 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 18"day of March,2024,the original of which is on file in my office. In witness whereof,|have hereunto affixed my official signature on this 19°"day of March,2024. Necece TM (eenone Laura M.Pierce City Clerk CITY OF AUBURN HILLS REGULAR CITY COUNCIL MEETING MARCH 18, 2024 CALL TO ORDER & Mayor Marzolf at 7:00 PM. PLEDGE OF ALLEGIANCE: LOCATION: Council Chamber, 1827 N. Squirrel Road, Auburn Hills MI ROLL CALL: Present: Council Members Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel and Verbeke (arrived at 7:12 PM) Absent: None Also Present: City Manager Tanghe, Assistant City Manager Skopek, City Attorney Beckerleg, City Clerk Pierce, Chief of Police Gagnon, Deputy Chief of Police McGraw, Technical Services Coordinator Marsh, Fire Chief Massingill, Director of Recreation and Senior Services Adcock, Community Development Director Cohen, Construction Coordinator Lang, DPW Director Baldante, Manager of Fleet & Roads Hefner, Assistant to the City Manager Hagge, Engineers Juidici & Driesenga 17 Guests 4. APPROVAL OF MINUTES 4a. City Council Workshop Minutes, March 4, 2024. Moved by Hawkins, Seconded by Ferguson. RESOLVED: To approve the City Council Workshop Minutes of March 4, 2024. VOTE: Yes: Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel No: None Resolution No. 24.03.44 Motion Carried (6 - 0) 4b. City Council Regular Meeting Minutes, March 4, 2024. Moved by Hawkins, Seconded by Fletcher. RESOLVED: To approve the City Council Regular Meeting Minutes of March 4, 2024. VOTE: Yes: Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel No: None Resolution No. 24.03.45 Motion Carried (6 - 0) 5. APPOINTMENTS AND PRESENTATIONS 5a. Presentation of Proclamation to the OU Men’s Basketball Team Celebrating Their Horizon League Regular Season Championship (Attachment A) Proclamation was presented to the Oakland University Men’s Basketball Team for their accomplishment of winning the Horizon League Championship. 5b. Motion – To confirm the appointment of Valerie Gaton to the Downtown Development Authority. Moved by Knight, Seconded by Ferguson. RESOLVED: To confirm the appointment of Valerie Gaton to the Downtown Development Authority for a term ending October 31, 2024. VOTE: Yes: Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel No: None Resolution No. 24.03.46 Motion Carried (6 - 0) City Council Minutes – March 18, 2024 Page 2 6. PUBLIC COMMENT There was no public comment. 7. CONSENT AGENDA 7a. Board and Commission Minutes 7a1. Downtown Development Authority Informational Meeting, February 26, 2024 7a2. Downtown Development Authority Regular Meeting, February 26, 2024 7a3. Public Safety Advisory Committee Meeting, March 5, 2024 7a4. Planning Commission Meeting, March 6, 2024 RESOLVED: To receive and file the Board and Commission Minutes. 7b. Motion – To adopt the findings and recommendations of the downtown parking study. RESOLVED: To adopt the findings and recommendations of the comprehensive downtown parking study completed by Rich & Associates. Furthermore, to authorize the City Manager to proceed with the implementation of the report’s recommendations. 7c. Motion – To approve the 2024 Summer Maintenance Agreement with the RCOC (Street Sweeping). RESOLVED: To authorize the City Manager, as Street Administrator, to accept on behalf of the City of Auburn Hills, the 2022 RCOC Summer Maintenance Agreement to provide street sweeping services on Walton Boulevard, Baldwin Road, Joslyn Road, and parts of Brown Road for an annual compensation of $7,955.01 payable by RCOC to the City of Auburn Hills. 7d. Motion – To approve the repair of the Henderson Brine Maker. RESOLVED: To approve of the repair quote in the amount of $25,285.31 to Casper’s Truck Equipment of Appleton, Wisconsin. 7e. Motion – To approve the Police uniform vendor. RESOLVED: To approve the purchase of uniforms utilizing Sourcewell with On Duty Gear LLC being the vendor for a period of up to three years, at a cost not to exceed $93,000.00 in 2024 and authorize the City Manager to convey acceptance by purchase order. 7f. Motion – To approve the Police vehicle changeover vendor. RESOLVED: To approve Cynergy Products as the vendor for police vehicle changeovers for a period of up to three years, at a cost not to exceed $101,000.00 in 2024 and authorize the City Manager to convey acceptance by purchase order. 7g. Motion – To approve the 2024 HIDTA Sub-Recipient Agreement with Oakland County. RESOLVED: To approve the 2024 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. 7h. Motion – To authorize work on City property to replace the River Woods Playground. RESOLVED: To authorize work on City property for the installation of new playground equipment in River Woods Park. 7i. Motion - To authorize the City Manager to order and purchase road salt for the 2024/25 Season. RESOLVED: To authorize the City Manager to submit a road salt order of 2,500 tons to the State of Michigan for the 2024/25 season to participate in the MiDEAL bid process. Moved by Hawkins, Seconded by Ferguson. RESOLVED: To approve the Consent Agenda. VOTE: Yes: Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel, Verbeke No: None Resolution No. 24.03.47 Motion Carried (7 - 0) City Council Minutes – March 18, 2024 Page 3 8. UNFINISHED BUSINESS 9. NEW BUSINESS 9a. Motion – To approve a Special Land Use Permit, Site Plan, and Tree Removal Permit / Chick-fil-A Restaurant. Mr. Cohen presented the proposed Chick-fil-A Restaurant development. This development will include a Special Land Use permit, Site Plan, and a Tree Removal permit and will be located at 2111 N. Squirrel Road. The estimated cost of this investment is $1.2 million and is scheduled to be completed in February 2025. This property meets all the zoning requirements for a restaurant with a drive-through facility. Chick-fil-A was required to provide a detailed traffic analysis to confirm the proposed restaurant would not cause traffic safety or congestion for the area. Mr. Justin Lark, Principal Development Lead for Chick-fil-A was present to answer questions. Mr. Juidici presented the drive-through analysis explaining that there were 2 main components for this development that was focused on, the traffic impact study and the drive-through site queuing analysis. The traffic impact study analyzed North Squirrel and Walton Blvd., North Squirrel and University Drive as well as the corridors along the area and at 5 Points Drive. The findings show that there is not a significant impact on the overall road network. The largest focus of the traffic impact study was on the on-site traffic and the queuing of the traffic. This site is larger than other Chick-fil-A sites and would be maximized so the traffic would be drawn away from Squirrel to the back of the property. The building is orientated such that the drive-through would wrap around and utilize as much of the property as possible. The drive-through site queuing analysis showed that the site will accommodate the demand with sufficient stacking within the site and will not exceed the current boundaries of the site. For times of peak demands, contingency plans were developed where the site can hold 67 vehicles stacked within the site and the other plan provided 96 vehicles stacked on the site. The deployment of staff throughout the site is key to the contingency plans. Council members shared their concerns with traffic congestion and staffing as their greatest concerns. It was discussed that the Auburn Hills location was chosen after the market strategist analyzed the potential of the site. This will be one of the larger sites in the State of Michigan. Mr. Juidici indicated that the two site driveways are in the rear of the property, and there will be stop signs located at those exits. It was also discussed that stop signs and traffic flow around this establishment would be evaluated to make sure that the traffic flow is safe since there will be an increase in traffic. It was also shared that the deliveries would be made via pallets to the back door, not causing any more noise than that of the road noise. The garbage trucks will need to adhere to the ordinance and not be emptied prior to 7:00 AM. Mr. Lark shared the operations model and explained that in this model, the owner is on site six days a week, and that the investment towards the employees is different than other business models. Mr. McDaniel stated his concerns about the increased traffic issues and how the stacking may impede the roadway. He shared that he is not convinced that the impact is beneficial to the potential detrimental traffic that is currently there. Moved by Verbeke, Seconded by Fletcher. City Council Minutes – March 18, 2024 Page 4 RESOLVED: To accept the Planning Commission’s recommendation and approve the Special Land Use Permit, Site Plan, and Tree Removal Permit for Chick-fil-A, Inc. to construct a restaurant with a drive-through facility and outdoor seating area subject to the conditions of the City’s Administrative Review Team. The Chick-fil-A restaurant development shall not cause transportation, safety, or congestion problems per Section 1818, Item 2(C) of the Zoning Ordinance. Vehicle stacking for the drive-through facility shall be confined to the Chick-fil-A restaurant site, as outlined in Chick-fil-A’s Traffic and Circulation Narrative dated February 26, 2024. Vehicle stacking for the drive-through facility shall not be permitted to occur within the private access drives of the Five Points Site Condominium, University Drive, N. Squirrel Road, or any adjoining properties. If vehicle stacking for the drive-through facility occurs within the private access drives of the Five Points Site Condominium, University Drive, N. Squirrel Road, or any adjoining properties, the Auburn Hills Police Department will notify Chick-fil-A, Inc. and the restaurant operator. Chick-fil-A, Inc. and the restaurant operator will have seven (7) days to remedy the situation upon notification. Failure to resolve the situation after the City's request may result in a public hearing and the potential revocation of the project’s Special Land Use Permit by the City Council to operate the restaurant’s drive-through facility. VOTE: Yes: Ferguson, Fletcher, Hawkins, Knight, Marzolf, Verbeke No: McDaniel Resolution No. 24.03.48 Motion Carried (6 - 1) 9b. Motion – To approve the Text Amendment to Article XII. T&R, Technology and Research Districts of the Zoning Ordinance. Mr. Cohen presented the request from Oakland Community College (OCC) to install five new identification signs at 2900 Featherstone. A text amendment has been drafted to be concurrent with the special land use application. The proposed signs for OCC have been developed as a brand standard to be installed across all OCC campuses. OCC wishes to install two new LED signs to replace the three existing digital signs, which were approved twenty-four years ago. The text amendment will allow the new signs to be slightly taller and slightly larger than those typically allowed, all other standards would apply. OCC also proposes installing decorative roadway landscape road signs along the campus frontage located at Featherstone and North Squirrel Roads. These signs will resemble the signs that are installed on Oakland University campus frontage. OCC is also proposing a tall monument sign adjacent to M-59, taller than the stylon signs at Great Lakes Crossings Outlets. The text amendment will allow the signage to be that tall. Mr. Mark Reeves, architect with Integrated Design Solutions was present. Ms. Verbeke shared her concern with regard to changing the text amendment and would like to be ensured that this amendment does not open up the possibility for others to do the same. It was confirmed that this text amendment was written for this specific land use. It is unique to this facility. This amendment is only limited to Colleges, Universities and other educational institutions bound by M-59 and Featherstone Roads. Moved by Fletcher, Seconded by Ferguson. RESOLVED: To accept the Planning Commission’s recommendation and to approve the enclosed text amendment to amend Article XII. T&R, Technology and Research Districts of the Zoning Ordinance. It shall be referenced as Ordinance No. 24-938. (Attachment B) VOTE: Yes: Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel, Verbeke No: None Resolution No. 24.03.49 Motion Carried (7 - 0) 9c. Motion – To approve a Special Land Use Permit / Oakland Community College. City Council Minutes – March 18, 2024 Page 5 Mr. Cohen did not add any additional information with regards to this motion. Moved by Ferguson, Seconded by Fletcher. RESOLVED: To accept the Planning Commission’s recommendation and approve the Special Land Use Permit for Oakland Community College to construct two campus identification entry signs with LED changeable copy, two campus identification roadway wall signs, and one campus identification monument-style sign subject to the representations made by Oakland Community College and its representatives, packet materials, and conditions of Mr. Cohen’s staff report. VOTE: Yes: Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel, Verbeke No: None Resolution No. 24.03.50 Motion Carried (7 - 0) 9d. Motion – To adopt the resolution declaring tentative necessity and tentative intent to proceed with project and setting Public Hearing (Resolution No. 2) for proposed Superior Court Special Assessment District. Mr. Hefner presented the details that will be followed before moving forward with the resolution that was approved on February 19, 2024 for the road improvement to Superior Court. He noted that there are a few typing mistakes and clarified that the assessments should be $67,142.86 per parcel totaling $470,000.00, this is the estimation of what the project will cost. Moved by Hawkins, Seconded by Ferguson. RESOLVED: To approve Resolution No. 2, a resolution declaring tentative necessity and tentative intent to proceed with the project and setting the public hearing for April 1, 2024 at 7:00 p.m. in City Hall at 1827 North Squirrel Road, Auburn Hills, MI 48326, for the purpose of hearing statements and objections to the proposed Special Assessment District No. 9 regarding the repair of and improvements to Superior Court. (Attachment C) VOTE: Yes: Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel, Verbeke No: None Resolution No. 24.03.51 Motion Carried (7 - 0) 9e. Motion – To approve the purchase of Axon Body Worn Cameras, In-car Cameras, Digital Evidence Management System, and Virtual Reality Training Program. Deputy Chief McGraw presented the request to purchase new body worn cameras, in-car cameras, digital evidence management systems and virtual reality training program equipment that they have had since 2016 and 2020. He also shared that they have outgrown the digital space they obtain for digital evidence. He stated that a proposal through the Sourcewell Cooperative Purchasing Program for Axon equipment was received. The amount for the new equipment would be $219,913.78, a recurring amount for the first ten years. The 2023 budget approved a $140,000.00 amount to purchase the Axon equipment and the remaining $79,913.78 will be taken out to the State and Federal Forfeiture Funds. It was stated that the data storage is secure and is also used by the FBI. Mr. Hawkins shared that he was pleased with the security and the retention schedule that will be taken care of through this purchase. He also shared that all the systems that are used will integrate with each other. Mr. Tanghe provided thanks to Chuck Marsh for his dedication to this project. Moved by Ferguson, Seconded by Knight. City Council Minutes – March 18, 2024 Page 6 RESOLVED: To approve Axon as the vendor used to purchase a 10-year subscription for thirty (30) body-worn cameras, twenty-one (21) in-car cameras, two (2) Virtual Reality Training sets, and digital evidence management software for an annual amount not to exceed $219,913.78, by utilizing $140,000.00 in the approved 2024 Police Department budget and to amend the 2024 Police Department budget to approve the expenditure of state and federal forfeiture funds ($21,948.93 from 265.314.977.000 and $57,964.85 from 262-313-977.00) to cover the expense and to authorize the City Manager to convey acceptance by purchase order. VOTE: Yes: Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel, Verbeke No: None Resolution No. 24.03.52 Motion Carried (7 - 0) 10. COMMENTS AND MOTIONS FROM COUNCIL Mr. Knight reported that the bricks are out of the ground on the southwest corner of North Squirrel at the circle and would like DPW to follow up with it. He shared his thanks to all that showed concern for his wife’s health. Mr. McDaniel shared that he hopes Mrs. Knight has a speedy recovery. Ms. Verbeke shared that Ann Heilbrun passed away recently and shared her condolences to the family. Mr. Ferguson shared thanks from a resident for the wonderful experience with the Citizens Police Academy. He also thanked the people at ABB for the experience he had there. He commented that the Paint Creek Folklore Society is grateful for the staff and facilities the Parks and Recreation Department care for. Mr. Hawkins wished Oakland University best wishes in the NCAA bid and commended staff on the hard work that goes into the presentations for City Council. Mr. Marzolf thanked staff for reaching out to the Oakland University Basketball Team and wished them well. He also commented that the sidewalks and pathways have accumulated debris over the winter, and he looks forward to the Spring clean-up. 11. CITY ATTORNEY REPORT 12. CITY MANAGER REPORT Mr. Tanghe shared that the city will be receiving a $2 million dollar transportation grant to assist with the development of the former Palace site and an additional $1 million dollar more will assist with the renovations to a couple of Public Safety facilities and adding additional Flock Cameras. This is funding that is coming from Congresswoman Haley Stevens office and Congressman Gary Peters office. 13. ADJOURNMENT Moved by Knight, Seconded by Ferguson. RESOLVED: To adjourn the meeting. VOTE: Yes: Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel, Verbeke No: None Resolution No. 24.03.53 Motion Carried (7 - 0) City Council Minutes – March 18, 2024 Page 7 The meeting adjourned at 8:32 PM. Brain W. Marzolf, Mayor Laura M. Pierce, City Clerk City Council Minutes – March 18, 2024 Page 8 ATTACHMENT A PROCLAMATION IN RECOGNITION OF THE ACHIEVEMENTS OF THE 2023-24 OAKLAND UNIVERSITY MEN’S BASKETBALL SEASON WHEREAS, Auburn Hills is the proud home of Oakland University, and WHEREAS, the 2023-24 OU men’s basketball season has been a great source of pride for the university and the greater community as the team became the regular season champions of the Horizon League with a record of 15-5, and WHEREAS, the team’s coach is Greg Kampe, who is in his 40th season as head coach of the Golden Grizzlies and is the longest tenured coach at one school in Division I and ranks in the top 10 coaches for most wins by an active Division I head coach, and WHEREAS, the team placed a trio of players on the Horizon League Men’s Basketball All-Academic Team with Trey Townsend and Blake Lampman earning first team honors and Chris Conway earning an honorable mention, and WHEREAS, Trey Townsend was also named Horizon League Player of the Year and became the sixth Golden Grizzly in 15 years to earn the award, and WHEREAS, OU has now had a player earn First Team All-League honors for 18 straight years, the second most amongst D-I men’s basketball teams, and WHEREAS, this season, the Golden Grizzlies defeated Power-6 school Xavier, 78-76, for the team’s first Power-6 win in two years, and WHEREAS, the culmination of all these achievements earned the team the number one seed in the Horizon League and was the only Horizon League team to win its quarterfinal game on its home floor, and went on to win the Horizon League Tournament. THEREFORE, BE IT RESOLVED that the City of Auburn Hills extends its congratulations to Coach Kampe and the entire OU men’s basketball team on a well-played and memorable 2023-24 season. BE IT FURTHER RESOLVED that the entire Auburn Hills community continues its support now and beyond the 2023-24 season and extends its best to the players and staff of the team. Hereby presented on this 18th day of March, 2024, on behalf of the Auburn Hills City Council. Brian W. Marzolf, Mayor PROCLAMATION City Council Minutes – March 18, 2024 Page 9 ATTACHMENT B CITY OF AUBURN HILLS COUNTY OF OAKLAND STATE OF MICHIGAN ORDINANCE NO. 24-938 TEXT AMENDMENT TO ZONING ORDINANCE AN ORDINANCE TO AMEND ARTICLE XII. T&R, TECHNOLOGY AND RESEARCH DISTRICTS OF THE AUBURN HILLS ZONING ORDINANCE NO. 372 ADDRESSING ADDITIONAL SIGN REQUIREMENTS FOR COLLEGES, UNIVERSITIES, AND OTHER SUCH INSTITUTIONS OF HIGHER LEARNING THE CITY OF AUBURN HILLS ORDAINS Section 1. Section 1201, Item 13 of Article XII. T&R, Technology and Research Districts, of Auburn Hills Zoning Ordinance No. 372, as amended, is hereby amended and shall read as follows: 13. Colleges, universities, and other such institutions of higher learning, both public and private, provided the property is located on the land bounded by M-59 and Featherstone Road, between I-75 and Squirrel Road. In addition to requirements for signs permitted within Section 1811. Signs, the following additional sign standards shall apply: A. Two (2) automatic changeable copy signs may be permitted and shall be considered as a separate special land use under the purview of Section 1818, provided the following conditions are met: 1. The sign shall meet the standards of Section 1811.3(C)1 for automatic changeable copy signs, with the following exceptions: a. The sign may be increased in height from ten (10) feet to twelve (12) feet and in width from twelve (12) feet to twenty (20) feet. b. The LED copy area of the sign may be increased from sixty (60) to eighty (80) square feet in size. c. The signs shall be setback a minimum of one (1) foot from the road right-of-way and adjacent property lines. d. The total sign area on each face of the sign shall not exceed two hundred (200) square feet. B. Two (2) signs incorporated in decorative landscape walls may be permitted and shall be considered as a separate special land use under the purview of Section 1818, provided the following conditions are met: 1. The signs may only be permitted along Squirrel Road and Featherstone Road. 2. The height of the sign shall not exceed eight (8) feet. 3. The signs shall be setback a minimum of one (1) foot from the road right-of-way and adjacent property lines. 4. The total sign area of each sign may not exceed two hundred (200) square feet. C. One (1) accessory identification pylon sign may be permitted on the property adjacent to an interstate highway and shall be considered as a separate special land use under the purview of Section 1818, provided the following conditions are met: 1. The height of the sign shall not exceed sixty-five (65) feet. 2. The sign shall be setback a minimum of thirty (30) feet from the road right-of-way and adjacent property lines. 3. The total sign area permitted on each face of the sign shall not exceed two hundred (200) square feet. D. The signs described in this subsection A-C may be submitted in a single special land use permit application package or in parts. City Council Minutes – March 18, 2024 Page 10 Section 2. Repealer. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect. Section 3. Severability. If any section, clause, or provision of this Ordinance shall be declared to be unconstitutional, void, illegal, or ineffective by any Court of competent jurisdiction, such section, clause, or provision declared to be unconstitutional, void, or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect. Section 4. Savings. The proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced. Section 5. Effective Date. The provisions of this Ordinance are hereby ordered to take effect upon publication in the manner prescribed by the Charter of the City of Auburn Hills. Section 6. Adoption. This Ordinance is hereby declared to have been adopted by the City Council of the City of Auburn Hills at a meeting thereof duly called and held on the 18th day of March and ordered to be given publication in a manner prescribed by the Charter of the City of Auburn Hills. AYES: 7 (Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel, Verbeke) NAYES: None ABSTENTIONS: None ABSENT: None STATE OF MICHIGAN ) ) ss. COUNTY OF OAKLAND ) I, the undersigned, the duly qualified Clerk of the City of Auburn Hills, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of Ordinance No. 24-938 adopted by the Auburn Hills City Council on the 18th day of March, 2024 the original of which is in my office. Laura M. Pierce City Clerk City Council Minutes – March 18, 2024 Page 11 ATTACHMENT C CITY OF AUBURN HILLS RESOLUTION DECLARING TENTATIVE NECESSITY AND TENTATIVE INTENT TO PROCEED WITH PROJECT AND SETTING PUBLIC HEARING (RESOLUTION NO. 2) At a regular meeting of the City Council of the City of Auburn Hills, Oakland County, Michigan, held in the Council Chambers at 1827 N. Squirrel Road, Auburn Hills, Michigan 48326, at 7:00 p.m. on the 18th day of March, 2024, the following resolution was offered by Councilperson Hawkins and seconded by Councilperson Ferguson: WHEREAS, the City is considering the construction of the proposed improvement described below and the establishment of a special assessment district to defray a portion of the cost of such improvement by special assessment against the benefitted properties; and WHEREAS, the proposed improvement (“the project”) is the repair of and improvements to Corporate Drive; and WHEREAS, plans, specifications and cost estimates have been prepared by the City’s engineers, OHM, and have been submitted to the City and filed with the City Clerk, for construction of the project and the City is tentatively considering the establishment of a special assessment district to finance and defray a portion of the costs of the project and the City Manager has recommended that the City Council proceed with the project; and WHEREAS, the project is designed and intended to specially benefit all of the properties in the proposed special assessment district by repairing and improving Corporate Drive, thereby allowing said property owners better and safer access and travel on said road, preserving property values and protecting said property owners’ and their invitees’ and customers’ vehicles, among other things. NOW, THEREFORE, it is hereby resolved as follows: 1. The City Council tentatively determines that the project is necessary and that it tentatively intends to proceed with the project and to establish the special assessment district to defray a portion of the costs of the project. 2. The City’s engineers, OHM, who are registered professional engineers, have prepared plans describing the project and a preliminary estimate of the cost of the project in the amount of $940,000 has now been determined, of which $940,000 amount it is estimated that approximately $470,000 will be defrayed by special assessments against the properties in the special assessment district. Such plans and cost estimates have been filed with the City Clerk and the City Manager recommends proceeding with the project. 3. The City Council tentatively designates all of the properties on the list attached to this Resolution as the special assessment district against which a portion of the costs of the project is to be assessed and which will be identified as Special Assessment District No. 9 (the “district”). 4. The City Clerk shall give notice that the City Council shall conduct a public hearing on April 1, 2024 at 7:00 p.m. in the City Hall at 1827 N. Squirrel Road, Auburn Hills, Michigan 48326, for the purpose of hearing statements and objections to the project and to the tentatively established district. Notice of the public hearing shall be published twice in a newspaper published and/or circulated in the City, with the first publication being at least ten (10) days before the April 1, 2024 hearing and notice shall also be sent by first class mail to each record owner or party in interest in whose name the land in the district is to be assessed as shown on the City’s last preceding tax assessment roll for ad valorem tax purposes, with said notices to be mailed at least ten (10) days before the date of the hearing. The notices to be published and mailed by first class mail shall include the following: City Council Minutes – March 18, 2024 Page 12 (a) The date, time and place of the public hearing; (b) A statement that the report, plan and estimate and the City Manager’s recommendation is on file with the City Clerk for public examination. (c) A statement that appearance and protest at the hearing is required in order to appeal the matters to be considered at the hearing to the Michigan Tax Tribunal and that an owner and/or party in interest, or their agent, may appear in person at the hearing to protest, or they may appear by filing their appearance or protest by letter, which shall then not require their personal appearance provided that said letter is received by the City Clerk prior to and/or at the April 1, 2024 hearing. AYES: 7 (Ferguson, Fletcher, Hawkins, Knight, Marzolf, McDaniel, Verbeke) NAYES: None ABSTENTIONS: None ABSENT: None STATE OF MICHIGAN ) )ss COUNTY OF OAKLAND ) I, 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 18th day of March, 2024, the original of which is on file in my office. In witness whereof, I have hereunto affixed my official signature on this _____ day of _______________, 2024. ________________________________ Laura M. Pierce City Clerk City Council Minutes – March 18, 2024 Page 13 July 29, 2024 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 18, 2024, the Board of Commissioners for Oakland County entered into an agreement per MR #24058 – Sheriff’s Office – Acceptance from the Office of National Drug Control Policy for the 2024 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 Specialist, OCSO Laura Pierce, Clerk, City of Auburn Hills Enclosures