Loading...
HomeMy WebLinkAboutInterlocal Agreements - 2024.07.18 - 41383PROGRAM YEAR 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND CITY OF FARMINGTON HILLS Unique Entity Identifier (UED #:YKBNL46JDTV3 This Agreement is made between Oakland County,a Constitutional Corporation,1200 North Telegraph, Pontiac,Michigan 48341 ("County")and City of Farmington Hills,31555 W.Eleven Mile Rd., Farmington Hills,MI 48336,a Michigan Municipal Corporation ("Municipality").The County and Municipality shall be collectively referred to as the “Parties.” PURPOSE OF AGREEMENT.} The Parties enter into this Agreement forthe 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 underthe direction and supervision of the Oakland County Sheriff’s Office (““OCSO”). Underthe Parties’separate N.E.T.agreement,the Municipality is responsible for providing a full-time employee for participation in N.E.T.and 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 foreligible law enforcement officer overtime.PY 2024 begins January 1,2024,and ends December31,2024. If ONDCPgrants N.E.T.an award for PY 2024,the ONDCP disburses the HIDTA grant funds to the City of Novi.To receive the Grant funds for overtime costs,N.E.T.must submit requests for reimbursement with the required supporting documentation to Michigan HIDTA.If Michigan HIDTA approves the N.E.T.overtime reimbursement requests,the City of Novi should distribute the Grant funds to County on behalf of N.E.T.The County has the authority to allocate a portion of the Grant funds to reimburse the Municipality for qualifying overtime costs subject to the terms and conditions of this Agreement. In consideration of the mutual promises,obligations,representations,and assurances in this Agreement, the Parties agree to the following: 1.DEFINITIONS.The following terms,whether used in the singular or plural,within or without quotation marks,or possessive or nonpossessive,shall be defined,read,and interpreted as follows: 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF FARMINGTON HILLS Page 1 of 11 Rev.February 2024 Ld. 1.2. Claim means any alleged loss,claim,complaint,demand forrelief or damages,cause of action, proceeding,judgment,deficiency,liability,penalty,fine,litigation,costs,and/or expenses, including,but not limited to,reimbursement for attorney fees,witness fees,court costs, investigation expenses,litigation expenses,and amounts paid in settlement,which are imposed on,incurred by,or asserted against the County or Municipality,or the County’s or Municipality’s agents or employees,whether such claim is brought in law or equity,tort, contract,or otherwise. Grant funds meanthe funds that may be awarded to the County and the otherparticipating agencies in N.E.T.pursuant to Michigan HIDTA Initiative Description and Budget Proposal Version 2024 (Exhibit A)submitted to Michigan HIDTA by County on behalf of itself and the otherparticipating agencies in N.E.T. .EXHIBITS.The Exhibits listed below are incorporated and are part of this Agreement. 2.1. Dude 23 2.4, 20: 3.1. 3.2. Duds 3.4. Exhibit A —Michigan HIDTA Initiative 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 pay rate. 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 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. 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 FARMINGTON HILLS Page 2 of 11 Rev.February 2024 3.5;The Federal Award Identification Number(FAIN)is provided in the HIDTA Grant Agreement between ONDCP and the City of Novi,whichis incorporated into this Agreement by reference. 4,USE OF HIDTA FUNDS. 4.1. 4.2. 4,3, 4A. 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 andeligible law enforcementofficers at the time this Agreement was executed by both Parties.If the numberof N.E.T participating agencies and/oreligible law enforcementofficers changes during the term of this Agreement,the total amount of the federal award for overtime costs committed to the Municipality and obligated by this action by the County to the Municipality amount may change as funds are available on a pro rata basis.Such commitment and obligation for overtime costs is contingent upon the ONDCP awarding the Grant funds to N.E.T and the City of Novi reimbursing the County. 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 reimbursementis contingent upon the ONDCP awarding the grant funds to N.E.T and the City of Novi reimbursing the County. 4.2.1.HIDTAfunds 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 HIDTAfunds shall be used to supplant the Municipality’s funds that would otherwise be made available for the same purposes. There is no research and development performed pursuant to this Agreement. Noindirect costs shall be charged or reimbursed under performance of this Agreement. 5.REIMBURSEMENT OF ELIGIBLE N.E.T.OVERTIME. a:b.To request reimbursement foreligible 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 FARMINGTONHILLS 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 shall provide any additional documentation requested by the County in order to process payment. 5.1.1.A fully completed and signed Request for HIDTA Overtime Reimbursement attached as Exhibit B. 5.1.2.A letter substantively similarto the sample letter regardingnotification of current overtime pay rate attached as Exhibit C. 5.1.3.Overtimeslips,signed by the officer’s supervisor,that support each Request for HIDTA Overtime Reimbursement.The overtimeslips 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 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 reimbursement request. .GENERAL COMPLIANCE. The Municipality shall comply with to 28 C.F.R.Part 69 (New Restrictions on Lobbying) and 2 C.F.R.Part 25 (Universal Identifier and System of Award Management). The Municipality shall comply with the Government-wide Suspension and Debarment provision set forth at 2 CFR Part 180. The Municipality shall performall activities in accordance with The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200 (the “Part 200 Uniform Requirements”),as adopted and implemented by the Office of National Drug Control Policy (ONDCP)in 2 C.F.R.Part 3603.For this award,the Part 200 Uniform Requirements supersede,among otherthings,the provisions of28 C.F.R.Parts 66 and 70,as well as those of 2 C.F.R.Parts 215,220,225,and 230. The Municipality shall comply with ONDCP’s HIDTA 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 ONDCPand the City of Novi.The HIDTA Grant Agreement between ONDCPand 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 COUNTYANDCITYOFFARMINGTONHILLS Page 4 of 11 Rev.February 2024 6.6.1.Establish and maintain effective internal controls over the Federal award that provides reasonable assurance that Federal award funds are managed in compliance with Federal statutes,regulations and award terms and conditions.These internal controls should be in compliance with the guidance in “Standards for Internal Control in the Federal Government,”issued by the Comptroller General of the United States and the “Internal Control Integrated Framework,”issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). 6.6.2.Comply with Federal statutes,regulations,and the terms and conditions of the Federal awards. 6.6.3.Evaluate and monitor compliance with applicable statute and regulations,and the terms and conditions of the Federal award. 6.6.4.Take prompt action when instances of noncompliance are identified,including noncompliance identified in audit findings. 6.6.5.Take reasonable measures to safeguard protected personally identified information (PII) and other information ONDCP orthe Municipality designates consistent with applicable Federal,state,and local laws regarding privacy and obligations of confidentiality. 7.FINANCIAL ACCOUNTABILITY AND AUDIT REQUIREMENTS. 71. bes The Municipality shall maintain standardsof 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 Awards if the Municipality is required to have a single audit performed.Municipalities that are exempt from the Single Audit requirements that receive less than $750,000 of total Federal funding must submit a Financial Statement Audit prepared in accordance with Generally Accepted Auditing Standards (“GAAS”)if the audit includes disclosures that may negatively impact the HIDTA program including,but not limited to fraud,financial misstatements,and violations of any contract or grant provisions.The County shall have the right to review and audit all records of the Municipality pertaining to any paymentby 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 FARMINGTON HILLS 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 may participate in the selection,award,or administration of a subaward or contract supported by a Federal award if he or she has a real or apparent conflict of interest.Such a conflict of interest would arise when the employee,officer,or agent,any memberof his or her immediate family,his or her partner,or an organization which employs oris about to employ any of the parties indicated herein,has a financial or otherinterest in or a tangible personal benefit from an organization considered for a sub- award orcontract.The officers,employees,and agents of the non-Federal entity must neithersolicit nor accept gratuities,favors,or anything of monetary value from subrecipients or contractors or parties to subawards orcontracts. 8.1.3.Ifyou have a parent,affiliate,or subsidiary organization that is not a State,local government,or Indian tribe,you must also maintain written standards of conduct covering organizational conflicts of interest.Organizational conflicts of interest means that because of relationships with a parent company,affiliate,or subsidiary organization,you are unable or 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 ONDCPall 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 suchas: temporary withholding of payments pending correctionof 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 rather than 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 FARMINGTON 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,orany 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’s records and financial statements as necessary for the County to meet the requirements of2 C.F.R.Part 200. 12.TERM. els This Agreement and any amendmentshereto 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 amendments hereto shall be entered in the official minutes of the governing bodies ofeach Party.This Agreement shall end on December 31,2024. 13.ASSURANCES. 13.1. 13.2. 13.3. EachParty 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 underthis 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 FARMINGTON 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 must agree upon the termination conditions,including the effective date and,in the case of partial termination,the portion to be terminated; 14.1.4.by the Municipality upon sending to the County written notification setting forth the reasons for such termination,the effective date,and,in the case of partial termination,the portion to be terminated.However,if the County determines in the case of partial termination that the reduced or modified portion of the subaward will not accomplish the purpose for whichthis Agreement was made,the County may terminate the Agreementin its entirety. 14.2,The County must provide to the Municipality a notice of termination.Written suspension or notice of termination will be sent to the Municipality’s business address.If this Agreementis terminated orpartially terminated,both the County and the Municipality remain responsible for compliance with the requirements at 2 CFR 200.343 Closeout and 2 CFR 200.344 Post- closeout Adjustments and Continuing Responsibilities. 15.CLOSEOUT. 15.1.The County shall close-out this Agreement when it determines that all applicable administrative actions and all required work under this Agreement have been completed by Municipality. 1522;The Municipality shall comply with the closeout provisions of2 C.F.R.200.343 (Closeout). 16.POST-CLOSEOUT ADJUSTMENTS AND CONTINUING RESPONSIBILITIES. 16.1.The closeout of this Agreement does not affect any of the following:. 16.1.1.The right of County to disallow costs and recover funds on the basis of a later audit or other review.The County must make any cost disallowance determination and notify the Municipality within the record retention period; 16.1.2.The obligation of the Municipality to return any funds due as a result of later refunds, corrections,or other transactions including final indirect cost rate adjustments; 16.1.3.Audit requirements in Subpart F—Audit Requirements of 2 C.F.R.Part 200. 16.1.4.Records retention as required in Subpart D—Post Federal Award Requirements of this part,§200.333 Retention requirements for records through §200.337 Restrictions on public access to records. 17.REMEDIES FOR NONCOMPLIANCE. 17.1.If the Municipality fails to comply with federal statutes,regulations,or the terms and conditions of this Agreement,the County may impose additional conditions,as described in 2 CFR §200.207 Specific Conditions.If the County determines that noncompliance cannot be 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF FARMINGTON HILLS Page 8 of 11 Rev.February 2024 18. 19. 20. 21. 22, 23. remedied by imposing additional conditions,the County maytake one or more of 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 part of the cost of the activity or action not in compliance; 17.1.3.wholly or partly suspend orterminate the Agreement; 17.1.4,recommend that the Federal awarding agency initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations; 17.1.5.withhold further funds forthe project or program; 17.1.6.take other remedies that may be legally available. NO THIRD-PARTY BENEFICIARIES.Except as provided for the benefit of the Parties,this Agreement does not and is not intended to create any obligation,duty,promise,contractual right or benefit,right to indemnification,right to subrogation,and/or any otherright,in favor of any other person orentity. DISCRIMINATION.The Parties shall not discriminate against their employees,agents,applicants for employment,or another persons or entities with respect to hire,tenure,terms,conditions,and privileges of employment,or any matterdirectly 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 orrights under this Agreement without the prior written consent of the otherParty. NO IMPLIED WAIVER.Absent a written waiver,no act,failure,or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breachof this Agreement.No waiverof any term,condition,or provision of this Agreement,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 FARMINGTON HILLS Page 9 of 11 Rev,February 2024 24. 25. 26. 27. No waiver by cither 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 fromthis 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 for the convenience of the reader and are not intended to have any substantive meaning.The numbersandcaptionsshallnotbeinterpretedorbeconsideredaspartofthisAgreement.Any use of the singularor plural number,any reference to the male,female,or neuter genders,and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality,gender or possession as the context requires. NOTICES.Notices given underthis 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 addressed to the person listed below.Notice will be deemed given on the date whenone of the followingfirst occur:(1)the date of actual receipt;(2)the next business day when notice is sent’express delivery service or personal delivery;or (3)three days after mailing first class orcertified U.S.mail. 26.1.If Notice is sent to the County,it shall be addressed and sent to:Oakland County Board of Commissioners Chairperson,1200 North Telegraph,Pontiac,Michigan 48341,with a copy to Oakland County Sheriff’s Office,Sheriff Fiscal Officer,1200 N.Telegraph,Bldg.38E, Pontiac,Michigan 48341. 26.2.If Notice is sent to the Political Subdivision,it shall be addressed to:City of Farmington Hills. 26.3.Either Party may change the address and/orindividual to which Notice is sent by notifying the other Party in writing of the change. CONTACT INFORMATION. County of Oakland Lieutenant Bryan Wood Chief Jeff King Investigative &Forensic Services Division Farmington Hills Police Department Narcotics Enforcement Team Office:248-871-2702 Office:248-858-1722 Fax:248-871-2701 Fax:248-858-1754 Email:jking@fhgov.com Email:woodb@oakgov.com City of Farmington Hills 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF FARMINGTON 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 the Parties.The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board of Commissioners,acknowledges that he has been authorized by a resolution of the Oakland County Board h is attached,to execute this Agreement,and hereby accepts itions ofthis Agreement. _DATE:=Afro|id T.Woodward,Chairperson Oakland County Board of Commissioners DATE:“1-20 24 I1G FELL WITNESSED: Printéd Name:_JcoAn Title’SELPETRRY IN WITNESS WHEREOF,,acknowledges that he/she has been authorized by a resolution of the Municipality’s governing body,a certified copy of whichis attached,to execute this Agreement,and hereby agcepts “f.the Municipality to the terms and conditions of this Agreement. EXECUTED:4/FY?,Ve DATE:Lo Zo|24. Renters ary MeKyianTieGCryManger WITNESSED:Kw BSc DATE:Le2o]2y nted Name:Danielle KiTitle:See.40 City ie 2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT SUBRECIPIENT AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF FARMINGTON 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 [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 character limited,nor is it limited to the visible field on the page.It works best to compose the narrative in Word and copy into the text field on the following page.Please use narrative only to complete this section.The PMP software will not acceptgraphs,tables,charts,images,etc. The narrative section is intended to describe the mission and proposed activities for your initiative (dismantling DTOs, meth labs,interdicting drugs/money,apprehending fugitives,etc.)and detail your initiative's funding request.This description should indicate when the initiative was first funded by HIDTA. Your narrative must be clear,concise and complete.Do not include a long narrative detailing the history or accomplishments of your initiative.Please limit your initiative description to several short paragraphs. The first paragraph should clearly identify the threat (drug problem,violent crime,money laundering)in your area. ONDCP expects detailed information regarding the threat in the HIDTA county/counties which your initiative serves. Describe the types of drugs being trafficked,the presence/activities of gangs and drug-related violent crime.Include information on DTOs and MLOs operating in your area.DO NOT use specific names/addresses for any organizations or provide any information which is law enforcement sensitive or classified.Referring to the Michigan HIDTA Annual Threat Assessment/Drug Market Analysis is essential when describing the threat in your region. In the next paragraph discuss your plan to attack the threat in your region.Describe your initiative and detail your plan to address the specific threats/problems in your area and achieve your performance targets.If your initiative consists of multiple teams,explain how each team's activities attack the drug threat in your HIDTA county.Detail how you will work more efficiently and effectively by conducting intelligence-driven investigations and sharing information (leads). The next paragraph(s)should present your budget request.Remember that HIDTA funding is added-value funding and cannot be used to supplant normal operating budget items.Each budget line item (overtime,equipment,supplies, vehicles,phones,services,etc.)must be detailed in narrative form,specifying the amount requested and how each line item amount will be utilized.It is important to relate why each line item is needed and 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 of eligible officers in your initiative. Examples:"6 vehicles @ $500/month x 12 months =$36,000;Gasoline Expense,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 how it 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 t o p of the next page. A complete proposal consists of this form AND the Michigan HIDTA FMS Budget Sheet. Enter Initiative Description and Budget Proposal Detail Below Total Dollar Amount Requested:$132,300 Explain the mission of the initiative and provide a detailed explanation of the specific threat/s identified in the Michigan HIDTA Annual Threat Assessment that this initiative is designed to address.All sections below must be completed. INITIATIVE PURPOSE: The Oakland County Narcotic Enforcement Team (NET)is a cooperative partnership of federal,county and local law enforcement agencies in Oakland County,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 in Oakland County -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 categoryof 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 supportinvestigative overtime and communication services o Drug seizures will be thoroughly investigated by NET investigators in order to W Trace seizures back to source(s)of supply Assist investigators in ultimately disrupting and dismantling DTOs o NET investigators monitor DTO trafficking patterns and share the information with our federal partners XI NET’s primary focus is investigations into upper-and mid-level DTOs to identify,disrupt and dismantle their illicit drua traffickina overations 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 Position Title Agency Positions (Yes/No)(Yes/No)or Part Time Notes Office Assistants Oakland CountySheriff 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 CountySheriff 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,please ensure you take into consideration your past 2-3 year performance averages.ONDCP frequently refers to these averages when evaluating future performance target numbers. 3: DTO Expected Outputs: Predict the number of DTOs and MLOs you expect to disrupt and/or dismantle during the Program Year. Your performance targets should be aggressive but reasonably attainable,considering expected staffing and funding.Remember that your initiative's performance is compared to how successfully it attained its predicted totals.Please note Initiative's performance is not compared to the 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 in the Notes/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 an analyst embedded with your TF or the DSEMIIC/MIOC.Do not include cases which will receive AS from an analyst seated at the HIDTA.A case can be reported receiving AS only ONCE IN A CALENDAR YEAR but can be counted each calendar year it receives AS.Project the number of separate cases to receive AS in the year,not the number of times AS is received on all cases.Important:Remember to submit a completed survey with your quarterly report for each case receiving AS. Enter the Number of Event Deconflictions Expected to be Submitted This Program Year: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 N/ANotes/Additional Information: SECTION 7:OTHER OUTPUTS ENTRY OF MANDATORY OUTPUTS FORENSIC ENHANCEMENT -MSP TECHNICAL SUPPORT UNIT -REDRUM Continue to report Other Outputs contained in the pick list boxes below.Other Output information provided will be maintained internally at the HIDTA but will not be reported in PMP. ALL OTHERHIDTAINITIATIVES Report ONLYthe four Other Outputs ARRESTS,CRIMINAL GROUPS,FIREARMS SEIZED and T-IIl WIRETAPS. This information will be reported in PMP. FUGITIVES VS.ARRESTS Fugitives:Provide a projection of how many fugitives your task force will arrest for the year in Section 6:Fugitives. A fugitive is defined as an apprehension made pursuant to some type of court-issued pick-up order,such as an arrest warrant,a writ,etc. Arrests:No projection of how many arrests your task force will make for the year is required.An arrest is defined as any apprehension made absent any type of court-issued pick-up order;primarily arrests made on probable cause.Indicate your task force's intentions to make arrests during the year by selecting/loading ARRESTS into one of the Other Output boxes below. Definition of Wiretap ol,ao.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 Other Output: electronic text messages or video communications.Indicate your plan Other Output: to utilize wiretaps by selecting T-lll 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: M i 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 R E G U L A R O V E R T I M E OF F I C E R ' S N A M E A N D R A N K H O M E D E P A R T M E N T N A M E M A I L I N G A D D R E S S Ex h i b i t B Mi c h i g a n H I D T A M a r y Sz y m a n s k i - Fi n a n c i a l M a 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 P H O N E N U M B E R F E D E R A L T A X ID O R M S P IN D E X / P C A 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 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 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 , | ce r t i f y th a t th i s ov e r t i m e w a s in c u r 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 be l o w , | 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 p u 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 o n th e da t e s a n d in th e a m o u n t s li s t e d . Re q u e s t i n g Of f i c e r , a n d h a v e r e v i e w e d a n d ap p r o v e d a f t e r d e t e r m i n i n g it to b e in c o 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 . D A T E O T # O T H O U R S O T H O U R L Y T O T A L E N T R Y I T E M # C O M P L A I N T # L O C A T I O N : A d d r e s s , C i t y / T o w n s h i p / C o u n t y W O R K E D W O R K E D R A T E C O S T 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 S O N L Y . LI M I T P E R O F F I C E R IS $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 P A 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 aAITN TM]TT oO]o $0 . 0 0 0 0 $0 . 0 0 0 0 IT E M # 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 . Nim]?stp 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 B Y T H E FE D E R A L P R I V A C Y A C T . Re v i s e d Au g u s t 20 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 ADD YOUR AGENCYNAME police officer assigned to the Oakland County Narcotic Enforcement Team (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 as retirement,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 by officer's supervisor.This item should include name,date,and overtime hoursassociatedwithH report. er IDTA.The overtime rate should also be included unless provided in the paystub or payroll RE 1:ser DATE HOURS OVERTIME NET# 07/11/2016 08:30-16:3007/12/2016 08:30-16:3007/13/2016 08:30-16:3007/14/2016 08:30-16:30 2 APPROVED07/15/2016 08:30-16:30 Ale /\e 08/01/2016 45:00-23:0008/02/2016 45:00-23:0008/03/2016 44:00-00:00 2hour 16-net-419 08/04/2016 44:00-23:00 4hour IR-16-263 08/05/2016 03:00-07:00 Ahour IR-16-264 08/05/2016 15:00-23:00 . 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 E does not have to the same,but must contain the same elements. Required:Pay stub or payroll report containing the same information as pay stub.If the paystub does notindicatetheovertimerateofpay,then please include with the overtime slip. Pay Period Ending on:”aieCheck#: Check Date:08/12/2016 Primary Rate:31.2962witholdingRate:00 Federal Allowances:0 PAYCODESID'[GROSS [D |(DEDUCTION=:r1LONGEVITYPS0.00 FITW ‘SALARY 80.00 7.00 2,832.32]41,498.79||stTw 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||MEDICARE_EE 41.18 699.64F/Y SICK PAYOUT 0.00 0.00 0.00 594.63||DUESPSO 29.63 444,38PSSCKGAP0.00 0.00 0.00 2,879.25||/PS HBL VISION 9.13 104.73IN_LIEU_MEDPS 0.00 0.00 115.38 1,846.08//RETIREPS OFF 84.97 1,424.49LIFE_INS 0.00 0.00 0.00 8.96|/ICMA_PCNT 117.91 1,959.14HOLIDAY0.00 0.00 0.00 1,251.85||FLEX_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 7.00 2,947.69}49,931.76||TOTALS:2,947.69|49,922.80 Net Pay This Period:1,797.59 ZEAVE BANK RIO UR =¢£i0 3 HOURS:TAKEN ANEW:BALANCE)COMP PS 5 0.00 7.50 F/Y SICK PAYOUT 0.00 0.00 0.00 PS KELLY BANK 0.00 0.00 0.00SICKPS07/01 96.00 0.00 96.00SICKPSGAP41.00 0.00 41.00 VAC PS 124.00 0.00 124.00 08/12/2016 1,797.59 KH KVOL DE KKK REF REVOT DX RHE KHER EEVOT DR eee HH CHECK STUB REPRINT****** CITY OF FARMINGTON HILLS CITY CLERK’S OFFICE 31555 W.11 Mile Road,Farmington Hills,MI 48336-1165 (248)871-2410 R-60-24 RESOLUTION IT IS RESOLVED,that the City Council of Farmington Hills hereby approves that the City Manager be authorized to execute the High Intensity Drug Trafficking Area (HIDTA)Oakland County Subrecipient Agreement and any associated documents or agreements. Motion by:BOLEWARE Support by:KNOL Roll Call Vote: Yeas:ALDRED,BOLEWARE,BRIDGES,BRUCE,DWYER,KNOL,AND RICH Nays:NONE Absent:NONE Abstentions:NONE MOTION CARRIED 7-0. I,Carly Lindahl,the duly authorized City Clerk of the City of Farmington Hills,Oakland County,Michigan, do hereby certify that the foregoing is a true copy of a resolution adopted by the City Council of the City of FarmingtonHills at the regular City Council meeting held on March 25,2024. [bebe PEAANO Carly Lingahy,City Clerk DATE:March26,2024 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 Farmington 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 Carly Lindahl, Clerk, City of Farmington Hills Enclosures