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Interlocal Agreements - 2024.07.18 - 41379
1 Birmingham City Commission Minutes April 8, 2024 Municipal Building, 151 Martin 7:30 p.m. Vimeo Link: https://vimeo.com/924875112 I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Elaine McLain, Mayor, opened the meeting with the Pledge of Allegiance. II. ROLL CALL City Clerk Bingham called the roll. Present: Mayor McLain Commissioner Baller Commissioner Haig Commissioner Host Commissioner Long Commissioner Longe Absent: MPT Schafer Staff: City Manager Ecker; City Clerk Bingham, Assistant City Manager Clemence, City Engineer Coatta, Planning Director Dupuis, Assistant City Manager Fairbairn, Parking Systems Manager Ford, Finance Director Gerber, Police Chief Grewe, City Attorney Kucharek, Assistant Fire Chief Bertalino III. PROCLAMATIONS, CONGRATULATORY RESOLUTIONS, AWARDS, APPOINTMENTS, RESIGNATIONS AND CONFIRMATIONS, ADMINISTRATION OF OATHS, INTRODUCTION OF GUESTS AND ANNOUNCEMENTS Announcements • Happy Birthday Mayor Pro Tem Schafer In the absence of the Mayor Pro Tem, the Commission motioned for Commissioner Longe to serve as temporary Mayor Pro Tem for the duration of the meeting. Appointments 04-091-24 Board of Ethics Melissa Demorest LeDuc, Esq. was interviewed by the Commission. MOTION: Nomination by tMPT Longe: To appoint Melissa Demorest LeDuc, Esq. as a regular member to the Board of Ethics to serve a three-year term to expire June 30, 2024. VOICE VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None 04-092-24 Cablecasting Board The Mayor disclosed that she previously served as Chair of the Cablecasting Board. R. David Eick was interviewed by the Commission. MOTION: Nomination by Commissioner Host: 2 April 8, 2024 To appoint R. David Eick to the Cablecasting Board as a regular member to serve a three year term expiring March 30, 2027. VOICE VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None 04-093-24 Cablecasting Board George Abraham was interviewed by the Commission. MOTION: Nomination by Commissioner Long: To appoint George Abraham to the Cablecasting Board as a regular member to serve a three year term expiring March 30, 2027. VOICE VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None 04-094-24 Ad Hoc Senior/Recreation Center Committee (SCC) Commissioner Long spoke regarding his interest in serving on the SCC. Public Comment David Bloom recommended that two additional members of the public be considered for SCC appointment. Commissioners’ comments were as follows: • The Commissioners serving on the SCC should focus on keeping the project within budget. • There was a member of the public that might make a beneficial appointment to the SCC, in addition to the two other members of public recommended by Mr. Bloom. If those three members of the public were not appointed to the SCC, it would still be beneficial if they participated in the SCC via public comment. MOTION: Nomination by Commissioner Haig: To appoint Commissioner Long as a regular member from the City Commission to the Ad Hoc Senior/Recreation Center Committee to a serve three-year term to expire March 4, 2027. VOICE VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None CC Bingham swore in the present appointees. IV. OPEN TO THE PUBLIC FOR MATTERS NOT ON THE AGENDA Mr. Bloom made a comment regarding Commissioner-public interactions. 3 April 8, 2024 George Dilgard made comments regarding the Senior/Recreation Center. V. CONSENT AGENDA 04-095-24 Consent Agenda MOTION: Motion by tMPT Longe, seconded by Commissioner Haig: To approve the Consent Agenda items B, C, D, G, J, and K. ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None A. Resolution to approve the amended City Commission meeting minutes of March 4, 2024. E. Resolution to approve the warrant list, including Automated Clearing House payments, dated April 4, 2024 in the amount of $240,511.42. F. Resolution to approve the Program Year 2024 High Intensity Drug Trafficking Area (HIDTA) sub recipient agreement between the County of Oakland and the City of Birmingham. Further, to authorize the Mayor to sign the agreement on behalf of the City. H. Resolution to direct the Director of Public Services to apply for West Nile Virus Fund Expense Reimbursement. I. Resolution to approve the Amended OAKWAY Interlocal Agreement between Participating Political Subdivisions, in addition, to authorize the Mayor and City Manager to sign the agreement on behalf of the City. 04-096-24 Birmingham City Commission Meeting Minutes - March 18, 2024 (Item B) tMPT Longe removed Item B from the consent agenda and recommended an amendment to the minutes. MOTION: Motion by tMPT Longe, seconded by Commissioner Host: To approve the City Commission meeting minutes of March 18, 2024. ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None 04-097-24 Warrant List Dated 03/21/2024 (Item C) Mayor McLain removed Item C from the consent agenda and noted two payments to the 48th District Court. MOTION: Motion by Mayor McLain, seconded by Commissioner Baller: To approve the warrant list, including Automated Clearing House payments, dated March 21, 2024 in the amount of $1,430,987.28. ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host 4 April 8, 2024 Mayor McLain Commissioner Long Nays, None 04-098-24 Warrant List Dated 03/28/2024 (Item D) Mayor McLain removed Item D from the consent agenda and noted two payments to the 48th District Court. MOTION: Motion by Mayor McLain, seconded by Commissioner Long: To approve the warrant list, including Automated Clearing House payments, dated March 28, 2024 in the amount of $942,661.05. ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None 04-099-24 Museum Board Member Caroline Ashleigh (Item G) Commissioner Long removed Item G from the consent agenda and recommended the Commission request an advisory opinion on the matter. MOTION: Motion by Commissioner Long, seconded by tMPT Longe: To request an Advisory opinion from the Ethics Board to determine whether or not Ms. Ashleigh is creating an irreconcilable conflict of interest and unable to serve on a voluntary board when she is in the position of being a Plaintiff in a multi-Plaintiff cited lawsuit against the City and potentially acting in a position which is adverse and in conflict to the City’s best interest. ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None 04-100-24 Parking Lot No. 6 Floodwall Phase 1 Professional Design Engineering Services Agreement (Item J) Commissioner Haig removed Item J from the consent agenda. Staff answered informational questions from the Commission. MOTION: Motion by Commissioner Haig, seconded by Commissioner Host: To approve an agreement for Parking Lot No. 6 Floodwall Phase 1 Professional Design Engineering Services with Anderson Eckstein & Westrick, Inc. addition, to authorize the Mayor and the City Clerk to sign the agreement on behalf of the City contingent upon execution of the agreement and meeting all insurance requirements; AND To approve the appropriation and amendment to the Capital Project Funds – Streambank Improvement as follows: Revenues: Appropriation from Fund Balance 403.0-000.000-400.0000 $4,340 Expenses: Capital Projects Fund – Capital Outlay 403.0-901.018-981.0100 $4,340 5 April 8, 2024 ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None 04-101-24 Lead and Copper Monitoring Program Services Agreement (Item K) Commissioner Baller removed Item K from the consent agenda. Staff answered informational questions from the Commission. MOTION: Motion by Commissioner Baller, seconded by tMPT Longe: To approve an agreement for Lead and Copper Monitoring Services with Hydrocorp, LLC. In addition, to authorize the Mayor and the City Clerk to sign the agreement on behalf of the City contingent upon execution of the agreement and meeting all insurance requirements. Funding for this program has been budgeted in the Water and Service Maintenance Fund, account #591.0- 545.000-811.000; AND To approve the appropriation and amendment of the fiscal year 2023-2024 budget as follows: Water Service and Maintenance Fund: Revenues: 591.0-000.000-400.0000 Draw from Net Position $10,500 Total Revenue $10,500 Expenditures: 591.0-545.000-811.0000 Other Contractual Service $10,500 Total Expenses $10,500 ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None VI. CITY MANAGER’S REPORT VII. UNFINISHED BUSINESS Motion from February 5, 2024 to Discuss Amending Ethics Ordinance CM Kucharek presented the item and answered questions from the Commission. Commissioners’ comments were as follows: • Eligible residents were encouraged to apply to serve on City boards and committees. • At this point in time, expanding the eligibility criteria for serving on the Board of Ethics was not necessary since a resident filled the vacant position. • More intensive advertising of board and committee vacancies would likely yield more applications. VIII. NEW BUSINESS 04-102-24 Parks & Recreation Bond Authorizing Resolution 6 April 8, 2024 FD Gerber presented the item. Staff and representatives from Bendzinski & Co. answered questions from the Commission. MOTION: Motion by Commissioner Long, seconded by tMPT Longe: To approve the bond authorizing resolution for the 2024 unlimited tax general obligation bonds as submitted by bond counsel. ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None 04-103-24 Ad Hoc Senior/Recreation Center Committee Progress CM Ecker presented the item. Staff answered questions from the Commission. Commissioners’ comments were as follows: • While the mandate to create a facility for Next was both more clear and a higher priority, the mandate for creating a community center was less clear. The City should clarify residents’ interest in investing in a community center. • A proposed budget range should be clarified as soon as possible. • Next made a financial contribution to this project as well. • The community center aspect of this project was envisioned from the beginning since Next does not require the entirety of the building. • It was also envisioned, and remains a possibility, that the community center aspect might be maintained by the YMCA with YMCA services. • The facility could also help meet the present demand for meeting rooms and spaces for community activities. • Since the entire tax base would be supporting the facility, it was envisioned that at least part of the facility would be available for the entire community’s use. • A budget cannot be devised until it is more clear what the intended building uses would be. • The first goal should say community/senior center, as opposed to senior/community center. • Alternatively, it would be more appropriate to leave the first goal as referencing a senior/community center in order to acknowledge that Next contributed funding and that the senior center aspect of the project is a priority. • If the SCC believes that the project timeline should be extended at any point, it should communicate that belief to the Commission. • It might be more appropriate to seek architects with different specialties to propose different options for the facility. • Going through an RFQ process first for architects will be beneficial. It will be difficult for architects to answer an RFP without knowing the budget of the project. Public Comment Daniel Share, Chair of the SCC, commented on the SCC’s work thus far. Cris Braun, Director of Next, commented on the timing of Next’s tenancy at Midvale and the timing of the YMCA’s tenancy at 400 E. Lincoln. Kelly Stubbe, Executive Director of the Birmingham YMCA, commented on the YMCA’s continued operations in the City. MOTION: Motion by Commissioner Long, seconded by tMPT Longe: To approve the vision statement, goals and objectives, and the project timeline for the senior/recreation center as recommended by the Ad Hoc Senior/Recreation Center Committee for the planning and development of a senior/recreation center at 400 E. Lincoln. ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe 7 April 8, 2024 Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None 04-104-24 Advisory Parking Committee (APC) Letter of Concerns CM Ecker presented the item. Staff answered questions from the Commission. Commissioners’ comments were as follows: • It might be appropriate to revise the APC’s responsibilities and goals. • The Commission values the APC’s work. • It was beneficial that the APC was communicating their concerns to the Commission. The City would benefit from an engaged, knowledgeable, and thorough APC. • The APC and Commission should receive regular reporting on parking. Any proposed changes to parking operations should be commented on by the APC. • The City Attorney should propose revised language to reflect changes to the APC’s responsibility and goals. • There are sometimes conflicting interests between certain APC members and proposals brought before the APC. Any revision of the APC’s responsibility, goals, and composition should take that dynamic into consideration. MOTION: Motion by Commissioner Long, seconded by Commissioner Host: To direct appropriate City staff to amend or revise the APC’s role in the City of Birmingham’s parking system, and to present those revised guidelines to the Commission once work has been done with the APC and staff for Commission review and make comment. In regards to review by resolution or ordinance, leave that decision or recommendation to City staff or the City Attorney and bring that along with the new proposal. Commissioners’ comments were as follows: • This process should be used as a template for other boards and committees that may need to update their guiding documentation as well. • The APC and Commission should receive regular reports on parking system maintenance, improvements, operations, usage, and financials. • The APC should provide comment on all changes regarding the physical plan, technology, pricing, and other parking and parking enforcement policies. • Any parking matters being brought to the Commission should be accompanied by a recommendation from the APC. • It would be beneficial for the APC and staff to work together on their proposed changes to the APC’s role, with the understanding that the final decision regarding the APC’s role would rest with the Commission. • The APC’s recommendations should be data-driven. Public Comment Kevin Kozlowski, member of the APC, spoke in support of a delineation of responsibilities between the APC and the Parking Systems Manager. Al Vaitas, Chair of the APC, commented regarding the APC’s work and spoke positively of PSM Ford. The Commission motioned in favor of calling the question. ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None 8 April 8, 2024 Cameras for City Vehicles CM Ecker presented the item. Staff answered questions from the Commission. Commissioners’ comments were as follows: • If staff believe there to be an added value to backup cameras on older vehicles, backup cameras should be added. Cameras facing out could also be beneficial though 360- degree cameras would not be necessary. • When initially raising this topic, the addition of interior-facing cameras that would record the drivers was not contemplated. • Installing backup cameras might result in insurance savings. • This topic represented overreach by the Commission. If desired by staff, a request for vehicle cameras should be brought to the Commission. • The addition of exterior-facing cameras was not essential. Commission Items for Future Discussion Commission Discussion On Items From A Prior Meeting 1. City Commission Room Cameras The Mayor provided a summary of the topic. 2. Ad Hoc Environmental Sustainability Committee Report Jess Newman, chair of the AHESC, commented on the AHESC’s work. 04-105-24 Closed Session Pursuant to MCL § 15.268 Sec. 8(1)(a) and (e) of the Open Meetings Act CM Ecker requested that her performance evaluation occur in closed session, which is allowable under MCL § 15.268 Sec. 8(1)(a). It was noted that the remainder of the agenda would be completed before entering into closed session. MOTION: Motion by Commissioner Baller, seconded by Commissioner Host: To meet in closed session to discuss the periodic personnel evaluation of City Manager Ecker and to discuss pending litigation regarding Yasamin Aziz, et al v City of Birmingham, Oakland County Circuit Court Case No. 2024-206496-NZ, Honorable Phyllis C. McMillen pursuant to MCL § 15.268 Sec. 8(1)(a) and (e) of the Open Meetings Act respectively. ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None The Commission entered into closed session at 11:24 p.m. and returned from closed session at 12:28 a.m. 04-106-24 Action Resulting from Closed Session MOTION: Motion by Commissioner Baller, seconded by Commissioner Haig: To engage in a proposal for legal services that has been given by Audrey Forbush from Plunkett Cooney, that the Commission agree and allow the City Manager to sign a legal service agreement for defense of the last lawsuit that was filed regarding the case of Yasamin Aziz, et al v City of Birmingham, Oakland County Circuit Court Case No. 2024-206496-NZ before the Honorable Phyllis C. McMillen. ROLL CALL VOTE: Ayes, Commissioner Baller tMPT Longe 9 April 8, 2024 Commissioner Haig Commissioner Host Mayor McLain Commissioner Long Nays, None VIII. REMOVED FROM CONSENT AGENDA IX. COMMUNICATIONS A. Shirley & Arlington Letters Commissioner Baller recused himself due to his residence in the project area and left the room at 10:54 p.m. Jim Mirro commented on Shirley and Arlington. Staff provided guidance during the discussion. Commissioners’ comments were as follows: • Regarding the proposed sewer and water updates and road improvements for Arlington and Shirley, the City Engineer should request bid proposals for plans calling for full excavation and road reconstruction and plans calling for Horizontal Directional Drilling (HDD) and cape seal repair. Upon receipt of these bids, the City Engineer should present to the Commission a detailed comparison of cost, time, and bidder qualifications, and make a recommendation of the City’s preferred way to proceed. • It would be beneficial for options to be explored. • Soliciting bids for HDD would require Staff to design the project in two separate ways and to bid each proposal. It would also require changes to the prior enabling motion of the project. • Staff has previously indicated why HDD would not be appropriate for this particular project. • The prior enabling motion for this project prioritizes the health, safety, and welfare of the community. • Some residents may continue to be frustrated if they feel that the City has inadequately explored opportunities for cost savings. Commissioner Baller rejoined the meeting at 11:20 p.m. X. REPORTS A. Commissioner Reports 1. Notice of intention to appoint to the Parks And Recreation Board B. Commissioner Comments The Mayor said she attended two different centenarians’ birthdays and met a third centenarian. She noted that Birmingham was recognized as a Tree City for 2023. She noted that she and CM Ecker met with State Representative Haley Stevens regarding the senior/recreation center and other projects in the community. C. Advisory Boards, Committees, Commissions’ Reports and Agendas 1. Cable Board Report Update D. Legislation E. City Staff 1. Police Department Annual Report Commissioners Baller and Haig acknowledged PC Grewe for the report. INFORMATION ONLY XI. ADJOURN The Commission motioned to adjourn at 12:30 a.m. 10 April 8, 2024 Alexandria Bingham, City Clerk Laura Eichenhorn, City Transcriptionist CH-090-24 —AF PROGRAM YEAR2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND CITY OF BIRMINGHAM Unique Entity Identifier (UEI)#:JJ2HKEJRJNJS a This Agreement is made between Oakland County,a Constitutional Corporation,1200 North Telegraph,Pontiac,Michigan 48341 ("County")and City of Birmingham,151 Martin St.,Birmingham,MI 48009,aMichiganMunicipalCorporation("Municipality").The County and Municipality shall be collectivelyreferredtoasthe“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 overtimeexpensesthatitincurredrelatedtoitsparticipationintheOaklandCountyNarcoticEnforcementTeam (N.E.T.”),a multijurisdictional drug enforcement task force under the direction and supervision of the Oakland County Sheriff's Office (““OCSO”). Under the Parties’separate N.E.T.agreement,the Municipality is responsible for providing a full-time employee for participation in N.E.T.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 BudgetProposal(Exhibit A)to the Executive Board for Michigan HIDTArequesting the United States OfficeofNationalDrugControlPolicy(‘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 grantfunds to the City of Novi.To receive the Grant fundsfor 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 CITY OF BIRMINGHAM Page 1 of 11 Rev.February 2024 1.1. 12. Claim means any alleged loss,claim,complaint,demand for relief or damages,cause of action,proceeding,judgment,deficiency,liability,penalty,fine,litigation,costs,and/or expenses, including,but not limited to,reimbursement for attorney fees,witness fees,court costs,investigation expenses,litigation expenses,and amounts paid in settlement,which are imposedon,incurred by,or asserted against the County or Municipality,or the County’s orMunicipality’s agents or employees,whether such claim is brought in law or equity,tort, contract,or otherwise. Grant funds mean the funds that may be awarded to the County and the other participatingagenciesinN.E.T.pursuant to Michigan HIDTAInitiative Description and Budget ProposalVersion2024(Exhibit A)submitted to Michigan HIDTA by County on behalf of itself and theotherparticipatingagenciesinN.E.T. -EXHIBITS.The Exhibits listed below are incorporated and arepart of this Agreement. 2.1. Dede 2.3% 2.4. nd. 3.1. 32. Sid: 3.4. Exhibit A —Michigan HIDTAInitiative Description and Budget Proposal Version 2024. Exhibit B -Template Request for HIDTA Overtime Reimbursement (Locals to County). Exhibit C —Sample letter regarding notification of current overtime payrate. Exhibit D —Sample overtime slip,signed by the officer’s supervisor that supports each Request for HIDTA Overtime Reimbursement. Exhibit E —Sample paystub or payroll report that supports each Request for HIDTA Overtime Reimbursement. .FEDERAL AWARD PROJECT DESCRIPTION. Catalog of Federal Domestic Assistance (“CFDA”)#:95.001 Federal Awarding Agency:United States Office of National Drug Control Policy (“ONDCP”) Program:High Intensity Drug Trafficking Areas (HIDTA) 3.3.1.HIDTA Objective:To reduce drug trafficking and drug production in the United States by: (A)facilitating cooperation among Federal,State,local,and tribal law enforcement agencies to share information and implement coordinated enforcement activities;(B)enhancing law enforcement intelligence sharing among Federal,State,local,and tribal law enforcement agencies;(C)providing reliable law enforcementintelligence to law enforcement agencies needed to design effective enforcement strategies and operations;and (D)supporting coordinated law enforcementstrategies which maximizeuse of available resources to reduce the supply of illegal drugs in designated areas and in the United States as a whole. Period of Performance:January 1,2024,through December31,2024. 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF BIRMINGHAM Page 2 of 11 Rev.February 2024 3D:The Federal AwardIdentification Number (FAIN)is provided in the HIDTA Grant AgreementbetweenONDCPandtheCityofNovi,which is 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 and obligated by this action by the County to the Municipality is not to exceed $6,000.00 for each participating law enforcementofficer unless otherwise provided herein.That amount is based on the numberof N.E.T participating agencies and eligible law enforcementofficers at the time this Agreement was executed by both Parties.If the number of N.E.T participating agencies and/oreligible law enforcementofficers changes during the term of this Agreement,the total amountof the federal award for overtime costs committed to the Municipality and obligated by this action by the County to the Municipality amount may changeas 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. The County will reimburse the Municipality up to $6,000.00 for each participating law enforcementofficer for qualifying N.E.T.-related overtime unless otherwise provided herein. That amount is based on the number of N.E.T participating agencies and eligible law enforcementofficers at the time this Agreement was executed by both Parties.If the number of N.E.T participating agencies and/or eligible law enforcementofficers changes during the term of this Agreement,the maximum reimbursement amount may change as funds are available on a pro rata basis.Such reimbursement shall only be made after the supporting documentation is submitted by the Municipality and approved by the County,as described in Paragraph 5.1.Such reimbursementis contingent upon the ONDCP awarding the grant funds to N.E.T and the 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 pursuantto this Agreement. Noindirect costs shall be charged or reimbursed under performance of this Agreement. 5.REIMBURSEMENT OF ELIGIBLE N.E.T.OVERTIME. 5.1.To request reimbursementfor eligible N.E.T.overtime costs,the Municipality shall submit to the County the documentation described in the following subparagraphs nolater than thirty (30)days after PY 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 BIRMINGHAM Page 3 of 11 Rev.February 2024 5.2. 6.1. 6.2. 6.3: 6.4. 6.5. 6.6. documentation submitted by the Municipality does not reconcile,then the Municipality shallprovideanyadditionaldocumentationrequestedbytheCountyinordertoprocesspayment. 5.1.1.A fully completed and signed Request for HIDTA Overtime Reimbursementattached asExhibitB. 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 sampleovertimeslipattachedasExhibitD. 5.1.4.The paystub or payroll report that supports each Request for HIDTA Overtime Reimbursement.The paystub or payroll report shall be substantively similar to the sample paystub attached as Exhibit E. County will only reimburse Municipality for approved overtime costs after County has received the Grant funds from the City of Novi for that particular reimbursementrequest. -GENERAL COMPLIANCE. The Municipality shall comply with to 28 C.F.R.Part 69 (New Restrictions on Lobbying) and 2 C.F.R.Part 25 (Universal Identifier and System of Award Management). The Municipality shall comply with the Government-wide Suspension and Debarment 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,amongother things,the provisions of 28 C.F.R.Parts 66 and 70,as well as those of 2 C.F.R.Parts 215, 220,225,and 230. The Municipality shall comply with ONDCP’s HIDTA Program Policy and Budget Guidance,all other applicable Federal,state,and local laws and regulations,and the terms and conditions contained in this Agreement. The Municipality shall comply 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)GRANTSUBRECIPIENTAGREEMENTBETWEENOAKLANDCOUNTY ANDCITYOFBIRMINGHAM 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 for Internal Control in the FederalGovernment,”issued by the Comptroller General of the United States and the “InternalControlIntegratedFramework,”issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). 6.6.2.Comply with Federal statutes,regulations,and the terms and conditions of the Federal awards. 6.6.3.Evaluate and monitor compliance with applicable statute and regulations,and the terms and conditions of the Federal award. 6.6.4.Take prompt action when instances of noncompliance 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 orthe Municipality designates consistent with applicable Federal,state,and local laws regarding privacy and obligations of confidentiality. 7.FINANCIAL ACCOUNTABILITY AND AUDIT REQUIREMENTS. 7.1. dds The Municipality shall maintain standards of financial accountability that conform to 2 C.F.R.§200.302 (Financial Management)and 2 C.F.R.§200.303 (Internal Controls). The Municipality shall comply with audit requirements contained in 2 C.F.R.Part 200, Subpart F,which requires the Municipality to have an annual audit conducted within nine (9) months of the end of their fiscal year,if the Municipality has an aggregate expenditure of more than $750,000 in federal funds in a fiscal year.Any deficiencies noted in audit reports 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 Awardsif the Municipality is required to have a single audit performed.Municipalities that are exempt from the Single Audit requirements that receive less than $750,000 of total Federal funding must submit a Financial Statement Audit prepared in accordance with Generally Accepted Auditing Standards (“GAAS”)if the audit includes disclosures that may negatively impact the HIDTA program including,but not limited to fraud,financial misstatements,and violations of any contract or grant provisions.The County shall have the right to review and auditall 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 CITY OF BIRMINGHAM Page 5 of 11 Rev.February 2024 8.1.1.As anon-Federal entity,you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection,award,and administration of subawards and contracts. 8.1.2.None of your employees mayparticipate in the selection,award,or administration of a subawardor 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 anyof the parties indicated herein,has a financial or other interest in or a tangible personal benefit from an organization considered for a sub- awardor contract.The officers,employees,and agents of the non-Federal entity must neither solicit nor accept gratuities,favors,or anything of monetary value from subrecipients or contractors or parties to subawards or contracts. 8.1.3.Ifyou have 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 appearto be unable to be impartial in conducting a sub-award or procurementaction involving a related organization. 9.MANDATORY DISCLOSURE. 9.1,As anon-Federal entity,the Municipality must disclose,in a timely manner,in writing to ONDCP all violations of Federal criminal law involving fraud,bribery or gratuity violations potentially affecting the Federal award.Non-Federal entities that have received a Federal awardthat includes the term and condition outlined in 200 CFR Part 200,Appendix XII “Award Term and Condition for Recipient Integrity and Performance Matters,”are required to report certain civil,criminal,or administrative proceedings to System for Award: Management (SAM).Failure to make required disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency,disallowance of all or part of the costs associated with noncompliance,suspension,termination of award, debarment,or other legally available remedies outlined in 2 CFR 200.338 “Remedies for Noncompliance”. 10.RECORD RETENTION. 10.1. 10.2. The Municipality shall comply with the record retention provisions of2 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 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 CITY OF BIRMINGHAM Page 6 of 11 Rev.February 2024 11.ACCESS TO RECORDS. Lid. 11.2. The Federal awarding agency,Inspectors General,the Comptroller General of the United States,and the County,or any of their authorized representatives,havethe 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 recordsis not limited to the required retention period but last as long as the records are retained. The Municipality shall permit the County and auditors to have access to the Municipality’s records and financial statements as necessary for the County to meet the requirements of 2 C.F.R.Part 200. 12.TERM. 12.1.This Agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party,and when the Agreementis filed according to MCL 124.510.The approval and terms of this Agreement and any amendmentshereto shall be entered in the official minutes of the governing bodies of each Party.This Agreementshall end on December31,2024. 13.ASSURANCES. 3.1, 13.2. 13.3. Each Party shall be responsible for its own acts and the acts of its employees and agents,the costs associated with those acts,and the defense of those acts. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement.The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. Each Party shall comply with all federal,state,and local ordinances,regulations, administrative rules,laws,and requirements applicable to its activities performed under this Agreement. 14.TERMINATION OF AGREEMENT. 14.1.This Agreement may be terminated in whole orin 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 BIRMINGHAM 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 partialtermination,the portion to be terminated; 14.1.4.by the Municipality upon sending to the County written notification setting forth thereasonsforsuchtermination,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 Agreementin its entirety. 14.2.The County must provide to the Municipality a notice of termination.Written suspension ornoticeofterminationwillbesenttotheMunicipality’s business address.If this Agreementisterminatedorpartiallyterminated,both the County and the Municipality remain responsibleforcompliancewiththerequirementsat2CFR200.343 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 applicableadministrativeactionsandallrequiredworkunderthisAgreementhavebeencompletedbyMunicipality. 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 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 requirementsfor 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 BIRMINGHAM 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 or partly suspend or terminate the Agreement; 17.1.4.recommend that the Federal awarding agency initiate suspension or debarment proceedingsasauthorizedunder2CFRPart180andFederalawardingagencyregulations; 17.1.5.withhold further funds for the project or program; 17.1.6.take other remedies that 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 otherright,in favor of any other personor entity. DISCRIMINATION.The Parties shall not discriminate against their employees,agents,applicants for employment,or another persons or entities with respect to hire,tenure,terms,conditions,andprivilegesofemployment,or any matter directly or indirectly related to employmentin violation of any federal,state or local law. PERMITS AND LICENSES.Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement,all licenses,permits,certificates,and governmental authorizations necessary to carry out its obligations and duties pursuantto this Agreement. RESERVATION OF RIGHTS.This Agreement does not,and is not intended to waive,impair, divest,delegate,or contravene anyconstitutional,statutory,and/or other legalright,privilege,power, obligation,duty,or immunity of the Parties. DELEGATION/SUBCONTRACT/ASSIGNMENT.Neither Party shall delegate,subcontract, and/or assign any obligations or rights under this Agreement withoutthe prior written consent of the other Party. NO IMPLIED WAIVER.Absent a written waiver,no act,failure,or delay by a Party to pursue or enforce any rights or remedies under this Agreementshall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement.No waiverof any term,condition,or provision of this Agreement,whether by conduct or otherwise,in one or more instances,shall be deemedorconstrued 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 BIRMINGHAM Page 9 of 11 Rev.February 2024 24. 25. 26. No waiver by either Party shall subsequently affect its right to require strict performance of thisAgreement. SEVERABILITY.Ifa court of competentjurisdiction finds a term,or condition,of this Agreementtobeillegalorinvalid,then the term,or condition,shall be deemed severed from this Agreement.Allotherterms,conditions,and provisions of this Agreement shall remain in full force. CAPTIONS.The section and subsection numbersand captions in this Agreementare intended fortheconvenienceofthereaderandarenotintendedtohaveanysubstantivemeaning.The numbersandcaptionsshallnotbeinterpretedorbeconsideredaspartofthisAgreement.Any use of thesingularorpluralnumber,any reference to the male,female,or neuter genders,and any possessive ornonpossessiveuseinthisAgreementshallbedeemedtheappropriateplurality,gender or possessionasthecontextrequires. NOTICES.Notices given under this Agreementshall be in writing and shall be personally delivered,sent by express delivery service,certified mail,or first-class U.S.mail postage prepaid,and addressedtothepersonlistedbelow.Notice will be deemed given on the date whenone 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 Birmingham. 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. Countv-a¥Oaliland City of Birmingham Lieutenant Bryan Wood Captain Chris Koch Investigative &Forensic Services Division Birmingham Police Department Narcotics Enforcement Team 151 Martin Office:248-858-1722 Birmingham,MI 48009 Fax:248-858-1754 248-530-1769 Email:woodb@oakgov.com Email:ckoch@bhamgov.org 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 CITY OF BIRMINGHAM Page 10 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 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 notconstrued strictly for or against any Party. IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board ofCommissioners,acknowledges that he has been authorized bya resolution of the Oakland County BoardofCommissionerS,a i igh)is attgehed,to execute this Agreement,and hereby acceptsandbindstheZountytpthetermsandcionsisAgreement. DATE: avidT.Woodward,Chairperson Oakland County Board of Commissioners WITNESSED:AQ oo Qiers pate:!-20-24 Printéd Name:JjoA4s,)oe Ferod Title:euiaieaiiian| IN WITNESS WHEREOF,Elajne Mc Lain ,acknowledges that he/she has been authorizedbyaresolutionoftheMunicipality’s governing body,a certified copy of whichis attached,to execute thisAgreement,and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED:C41.pate:4/7/2yPrintedName:Elaing Nicla;naTitle:May ac witnessep:(Yeu )\ Re ~pate:_7/V2 Printed Name:Alexacd Oa RinghawyTitle:Clity Clerk 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF BIRMINGHAM 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-mailbytheannounceddeadline.Completion of all sections of this proposal is required.The Office of National DrugControlPolicyexaminesthesesubmissionsveryclosely.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 [JNO SECTION 2:PROFILE Initiative Description Enter Lead Agency:}Oakland County Sheriff's Office Enter Location of Initiative (City):|Pontiac Check All That Apply [_]Initiative is Collocated with other HIDTAInitiatives Initiative is Staffed with Full-Time Federal and Full-Time State/Local Personnel Full-Time Members of Initiative are Collocated and Commingled with Federal and State/Local Personnel Revised November 2017 Initiative Description and Budget Proposal Instructions Enter your initiative description and budget detail in the text box on the following page.The text box is not characterlimited,nor is it limited to the visible field on the page.It works best to compose the narrative in Word and copy into thetextfieldonthefollowingpage.Please use narrative only to complete this section.The PMP software will not acceptgraphs,tables,charts,images,etc. The narrative section is intended to describe the mission and proposed activities for your initiative (dismantling DTOs,meth labs,interdicting drugs/money,apprehending fugitives,etc.)and detail your initiative's funding request.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 lineitemamountwillbeutilized.It is important to relate why each line item is needed and how it fits into your plan to attackthethreatinyourregionandattainyourperformancetargets.Provide a clear,concise and complete explanation ofallitemsinyourbudgetrequest.The budget narrative will be reviewed by the Michigan HIDTA Steering Committee andExecutiveBoardbeforebeingsenttoONDCPforreviewandapproval. ONDCP closely examines vehicle expenditures.Lease costs and other vehicle-related expenses must bedetailed.Ensure the number of vehicles and expenses match the number of eligible 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 yourinitiative.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 theselimitsarenotexceeded.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 itemspurchasedfor$5,000 or more per item are categorized as Equipment.All items purchased for $4,999 or less per itemarecategorizedasSupplies. Equipment expenses must be detailed.Provide specifics for what will be purchased,the cost,and howit relates to yourplantoaddressthethreat.Example:10 ballistic shields @ $6,000 each =$60,000. Supplies expenses must be detailed.Provide specifics for what will be purchased,the cost,and howit relates to yourplantoaddressthethreat.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 12months=$14,400. The total of all items must match the total entered in the "Total Dollar Amount Requested"field at the top of the nextpage. A complete proposal consists of this form AND the Michigan HIDTA FMS Budget Sheet. Enter Initiative Description and Budget Proposal Detail Below Total Dollar Amount Requested: | $132,300 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 CountySheriff's OfficeinPontiac.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) 0 DTOs transport cocaine,heroin,fentanyl,and methamphetamine into Oakland CountyoFentanylandfentanylmixedwithothernarcoticscontinuetobethemostlethalcategoryofillicitsubstancesmisusedinOaklandCounty 0 Heroin-related overdose deaths remain at high levels in the countyONEThasobservedasubstantialincreaseinmethamphetaminedistribution and use0Cocainehasbecomearesurgentthreatandiswidelyavailablethroughoutthecounty0Controlledprescriptiondrugsremainanareaofconcern 0 Most ofthe illegal narcotics remain in Oakland County and are distributed by local DTOs and eventuallyconsumedbyusers 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 NETinvestigators in order to XM Trace seizures back to source(s)of supplyXMAssistinvestigatorsinultimatelydisrupting and dismantling DTOs 0 NET investigators monitor DTO trafficking patterns and share the information with our federal partners XM NET’s primary focus is investigations into upper-and mid-level DTOs to identify,disrupt anddismantletheirillicitdruatraffickinaoperations 5 AgencyPositions Summarize the staffing levels you confidently expect to be part of your initiative for the Program Year selected.TheHIDTAFundedboxshouldbemarkedYesONLYwhenHIDTAfundingcoversthesalary/wages for the listed position. Number of |HIDTA Funded]Collocated|Full Time Powsiticth Utle Agency Positions (Yes/No)(Yes/No) | or Part Time HotesOfficeAssistantsOaklandCountySheriff2NoYesPartTimeTechnicalAssistantOaklandCountySheriff1NoYesFullTimePropertyRoomTechnicianOaklandCountySheriff1NoYesFullTime 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 County Sheriff 1 No Yes Full TimeAgentDrugEnforcementAdmin1NoYesFullTimeAgentUSDeptofHomelandSecurity1NoYesFullTime 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 expect to disrupt and/or dismantle during the Program Year.Your performancetargets 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 noteInitiative's performance is not compared to the performance of other initiatives.Include pertinent notes in the Notes/Additional Information box. DISRUPTED Defined DISMANTLED Defined Enter Number of DTOs Expected to be Disrupted or Dismantled This Program Year:|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 Notes/Additional Information:N/A 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 completedsurveywithyourquarterlyreportforeachcasereceivingAS. 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 Notes/Additional Information:N/A 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 OTHERHIDTA INITIATIVESReportONLYthefourOtherOutputsARRESTS,CRIMINAL GROUPS,FIREARMS SEIZED and T-IIl WIRETAPS.This information will be reported in PMP. FUGITIVES VS.ARRESTSFugitives: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 oo oo,oo.Select the Other Outputs your initiative plans to utilize in the pick list boxes below. A wiretap is a form of electronic monitoring where a Federal or state court order authorizes law Other Output: enforcement to surreptitiously listen to phone calls or intercept wireless Other Output: electronic text messages or video communications.Indicate your plan Other Output: to utilize wiretaps by selecting T-Ill WIRETAPS in one Other Output box:Other Output:to the right. Reporting Wiretaps Other Output: No projection regarding the number Other Output: of wiretaps to be utilized is required. The actual number of wiretaps is Other Output: reported each quarter on the Task Force Quarterly Report.Report only Other Output: the number of lines (telephone numbers)for which a court order authorized eavesdropping.Do not Other Output: report an extension of a court order for the same telephone line (number)Other Output: unless the extension is spanning the calendar year being reported.Note:Other Output: Dialed number recorders (Pen Registers)are not considered a Other Output: wiretap for PMP reporting purposes. 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LI M I T PE R OF F I C E R I S $8 , 0 0 0 A N N U A L L Y A S P E 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 . F E D E R A L PA R T I C I P A N T S A R E NO T E L 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 AIiNT TM]tT onto $0 . 0 0 0 0 $0 . 0 0 0 0 IT E M # PR O V I D E A BR I E F DE T A I L O F T H E CO R R E S P O N D I N G I T E M # F R O M T H E TA B L E A B O V E . NI MI tT unto 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 I S P R O T E C T E D BY T H E F E D E R A L P R I V A C Y AC T . Re v i s e d A u g u s t 2 0 1 9 Exhibit C YOUR AGENCY LETTERHEAD January 17,2022 Director Michigan HIDTA 26211 Central Park Blvd. Southfield,MI 48076 Dear Director: Please accept this correspondence as notification of the current pay rate for the listed ADDYOURAGENCYNAMEpoliceofficerassignedtotheOaklandCountyNarcoticEnforcementTeam(NET).The rate became effective July 1,2021. Parent Agency:ADD YOUR AGENCY NAMEEmployeeName/Rank:ADD OFFICER'S NAME AND RANKRegularPayRate:OFFICER'S REGULAR HOURLY RATE Overtime Pay Rate:OFFICER'S OVERTIME HOURLY RATE As requested,the overtime rate listed does not include any fringe benefits,such asretirement,FICA,etc.Please contact my office if additional information is required. Sincerely, Exhibit DPleaseNote:This document is used for illustrative purposes only and the required documentation does not havetobethesame,but must contain the same elements.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 payrollreport.;Gee RE 1:steer DATE HOURS OVERTIME NET# 07/11/2016 08:30-16:3007/42/2016 08:30-16:3007/13/2016 08:30-16:3007/14/2016 08:30-16:30 2 AP PROVED07/15/2016 08:30-16:30 Jie /\e 08/01/2016 45:00-23:0008/02/2016 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 IR-16-26408/05/2016 45:00-23:00 : APPROVING SIGNATURE: OVERTIME IN RED HAS BEEN TAKEN AS NET TIME (COMP)OVERTIME IN GREEN HAS BEEN SUBMITED FOR MJ OT GRAMP Please sign and return. Please Note:This document is used for illustrative purposes only and the required documentation Exhibit Edoesnothavetothesame,but must contain the same elements.Required:Paystub or payroll report containing the same information as paystub.If the paystub doesnotindicatetheovertimerateofpay,then please include with the overtime slip. Pay Period Ending on:"asCheck#: Check Date:08/12/2016 Primary Rate:31.2962witholdingRate:00FederalAllowances:0 [PAYCODES GROSS[83 YTD][DEDUCTEONSTD.IDLONGEVITYPS0.00 a 0.00 350.00//FITW 475.02 8,268.40SALARY80.00 7.00 2,832.31 41,498.79/|srtw 112.08 1,906.87TRAININGPS0.00 0.00 0.00 876.28]|SOCSEC EE 176.08 2,991.56SICKPS07/01 0.00 0.00 0.00 625.92 MEDICAREEE 41.18 699.64F/Y SICK PAYOUT 0.00 0.00 0.00 594.63 DUES_PSO 29.63 444,38PSSCKGAP0.00 0.00 0.00 2,879.25|iPS HBL VISION 9.13 104.73IN_LIEU_MED PS 0.00 0.00 115.38 1,846.08 RETIRE_PS_OFF 84.97 1,424.49LIFE_INS 0.00 0.00 0.00 8.96 ICMA_PCNT L179 92:1,959.14HOLIDAY0.00 0.00 0.00 1,251.85 FLEX_PLAN 98.50 1,576.00 SAVINGS PSO 5.60 84.00 PNC 647.59 11,474.94 PNC 1,000.00 16,588.65 ALLY 150.00 2,400.00 TOTALS:80.00 7.00 2,947.69 49,931.76|/TOTALS:2,947.69 49,922.80 Net Pay This Period:1,797.59 LEAVES BANK HOURS#ACCRUED |:HOURSLOS OURSHTAKEN =NEWBALANCE,COMP_PS 0.00 0.00 0.00 7.50F/Y SICK PAYOUT 0.00 0.00 0.00 0.00 0.00PSKELLYBANK0.00 0.00 0.00 0.00 0.00SICKPS07/01 96.00 0.00 0.00 0.00 96.00SICKPSGAP41.00 0.00 0.00 0.00 41.00VAC_PS 124.00 0.00 0.00 0.00 124.00 08/12/2016 1,797.59 EVOL DR RRA RK RH RVOT DE WKH REE EUOT Dk HEH CHECK STUB REPRINT***«** BIRMINGHAM A WALKABLE CITY #04-095-24-5FRESOLUTIONTOAPPROVETHEPROGRAMYEAR2024 HIGH INTENSITY DRUG TRAFFICKINGAREA(HIDTA)SUB RECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THECITYOFBIRMINGHAM.FURTHER,TO AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT ONBEHALFOFTHECITY. Moved By:Commissioner Therese Longe Seconded By:Commissioner Haig PRESENT:Mayor McLain,Commissioners Baller,Haig,Host,Anthony Long and Therese Longe ABSENT:Mayor Pro Tem Schafer Passed,adopted and approved this 8"day of April,2024. ROLL CALL VOTE:Ayes,Mayor McLain Commissioner Baller Commissioner Haig Commissioner Host Commissioner Anthony Long Commissioner Therese Longe Nays,None CERTIFICATIONI,Alexandria Bingham,City Clerk,of the City of Birmingham,Michigan,do hereby certify that theforegoingisatrueandcorrectcopyoftheresolutionadoptedbytheBirminghamCityCommissionattsregularmeetingheldonApril8,2024. Alexandria Bingham,City Clerk 151 Martin Street ¢P.O.Box 3001 ©Birmingham,MI 48012-3001 (248)530-1800 ©Fax (248)530-1080 «www.bhamgov.org 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 Birmingham, 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 Alexandria Bingham, Clerk, City of Birmingham Enclosures