HomeMy WebLinkAboutInterlocal Agreements - 2024.07.18 - 41387PROGRAM YEAR 2024
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
SUBRECIPIENT AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND CITY OF ROCHESTER HILLS
Unique Entity Identifier (VED #:VMWTBPQXGAD4
BS
This Agreement is made between Oakland County,a Constitutional Corporation,1200 North Telegraph,
Pontiac,Michigan 48341 ("County")and City of Rochester Hills,1000 Rochester Hills Dr.,Rochester
Hills,MI 48309,a Michigan Municipal Corporation ("Municipality").The County and Municipality shall
be collectively referred to as the “Parties.”
PURPOSE OF AGREEMENT.
The Parties enter into this Agreement for the purpose of delineating their relationship and responsibilities
regarding the County’s use of Grant funds (defined below)to reimburse the Municipality for overtime
expensesthat 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 Sheriffs Office (““OCSO”).
Underthe Parties’separate N.E.T.agreement,the Municipality is responsible for providing a full-time
employeeforparticipation in N.E.T.and forall costs associated with that employment,including
overtime.
The County,as the legal entity that administers N.E.T.,submitted an Initiative Description and Budget
Proposal (Exhibit A)to the Executive Board for Michigan HIDTA requesting the United States Office
of National Drug Control Policy (“‘ONDCP”)to grant N.E.T.an award for program year (PY)2024 to
reimburse N.E.T.participating agencies for eligible law enforcement officer overtime.PY 2024 begins
January 1,2024,and ends December31,2024.
If ONDCP grants N.E.T.an award for PY 2024,the ONDCP disburses the HIDTA grant funds to the
City of Novi.To receive the Grant funds for overtime costs,N.E.T.must submit requests for
reimbursement with the required supporting documentation to Michigan HIDTA.If Michigan HIDTA
approves the N.E.T.overtime 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 ROCHESTER HILLS
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Rev.February 2024
Leds
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,whichare 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 HIDTAInitiative Description and Budget Proposal
Version 2024 (Exhibit A)submitted to Michigan HIDTA by County onbehalf 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.
2.2.
Duds
2.4.
29s
Sales
3.2.
3.33
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 orpayroll report that supports each Request for HIDTA
Overtime Reimbursement.
.FEDERAL AWARD PROJECT DESCRIPTION.
Catalog of Federal Domestic Assistance (“CFDA”)#:95.001
Federal Awarding Agency:United States Office of National Drug Control Policy (“‘ONDCP”)
Program:High Intensity Drug Trafficking Areas (HIDTA)
3.3.1.HIDTA Objective:To reduce drug trafficking and drug production in the United States by:
(A)facilitating cooperation among Federal,State,local,and tribal law enforcement agencies
to share information and implement coordinated enforcementactivities;(B)enhancing law
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 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 ROCHESTER HILLS
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Rev.February 2024
3.5.The Federal Award Identification Number (FAIN)is provided in the HIDTA Grant Agreement
between ONDCP and the City of Novi,which is incorporated into this Agreement by reference.
4.USE OF BIDTA FUNDS.
4.1.The total amount of the federal award for overtime costs committed to the Municipality and
obligated by this action by the County to the Municipality is not to exceed $6,000.00 for each
participating law enforcement officer unless otherwise provided herein.That amount is based
on the numberof N.E.T participating agencies and eligible law enforcementofficers at the time
this Agreement was executed by both Parties. If the numberof N.E.T participating agencies
and/oreligible law enforcement officers changes during the term of this Agreement,the total
amount of the federal award for overtime costs committed to the Municipality and obligated
by this action by the County to the Municipality amount may change as fundsare available on
a pro rata basis.Such commitment and obligation for overtime costs is contingent upon the
ONDCP awarding the Grant funds to N.E.T and the City of Novi reimbursing the County.
4.2.The County will reimburse the Municipality up to $6,000.00 for each participating law
enforcement officer for qualifying N.E.T.-related overtime unless otherwise provided herein.
That amount is based on the number of N.E.T participating agencies and eligible law
enforcement officers at the time this Agreement was executed by both Parties.If the number
of N.E.T participating agencies and/oreligible 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 reimbursementshall only be made after the supporting
documentation is submitted by the Municipality and approved by the County,as described in
Paragraph 5.1.Such reimbursement is contingent upon the ONDCP awarding the grant funds
to N.E.T and the City of Novi reimbursing the County.
4.2.1.HIDTA funds shall be used to pay overtime only if the overtime was performed in support
of a HIDTA-designated Enforcement initiative or Intelligence and information Sharing
Initiative.HIDTA funds shall not be used to pay overtime related to training attendance,
financial management,drug treatment,drug demand reduction or prevention,or non-
investigative related administrative work.
4.2.2.No HIDTA funds shall be
u
s
e
d
to supplant the Municipality’s funds that would otherwise
be made available for the same purposes.
4.3.There is no research and development performed pursuantto this Agreement.
4.4.No indirect costs shall be charged or reimbursed underperformance of this Agreement.
5.REIMBURSEMENT OF ELIGIBLE N.E.T.OVERTIME.
5.1.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,inits sole discretion,determines that the
2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROCHESTER HILLS
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Rev.February 2024
D.26
documentation submitted by the Municipality does not reconcile,then the Municipality shallprovideanyadditionaldocumentationrequestedbytheCountyinordertoprocesspayment.
5.1.1.A fully completed and signed Request for HIDTA Overtime Reimbursement attached asExhibitB.
5.1.2.A letter substantively similarto the sample letter regarding notification of current overtimepayrateattachedasExhibitC.
5.1.3.Overtime slips,signed by the officer’s supervisor,that support each Request for HIDTAOvertimeReimbursement.The overtime slips shall be substantively similar to the sample
overtime slip attached as Exhibit D.
5.1.4.The paystub orpayroll report that supports each Request for HIDTA OvertimeReimbursement.The paystub orpayroll report shall be substantively similarto the samplepaystubattachedasExhibitE.
County will only reimburse Municipality for approved overtime costs after County has
received the Grant funds from the City of Novi forthat particular reimbursement request.
GENERAL COMPLIANCE.
6.1.
62,
6.3%
6.4.
6.5.
6.6.
The Municipality shall comply with to 28 C.F.R.Part 69 (New Restrictions on Lobbying)
and 2 C.F.R.Part 25 (Universal Identifier and System of Award Management).
The Municipality shall comply with the Government-wide Suspension and Debarment
provision set forth at 2 CFR Part 180.
The Municipality shall 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 of 28 C.F.R.Parts 66 and 70,as
well as those of 2 C.F.R.Parts 215,220,225,and 230.
The Municipality shall comply with ONDCP’s HIDTA Program Policy and Budget
Guidance,all other applicable Federal,state,and local laws and regulations,and the terms
and conditions contained in this Agreement.
The Municipality shall comply withall applicable requirements for subrecipients that are
provided in the HIDTA Grant Agreement between ONDCP and 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)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROCHESTER HILLS
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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 forInternal 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.
7.1.
7.2.
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 theirfiscal year,if the Municipality has an aggregate expenditure of
more than $750,000 in federal funds in a fiscal year.Any deficiencies noted in audit reports
must be fully cleared by the Municipality within thirty (30)days after receipt of same.The
Grant funds spent by the County on behalf of the Municipality for training expenses shall be
included on the Schedule of Expenditures of Federal Awards if the Municipality is required
to have a single audit performed.Municipalities that are exempt from the Single Audit
requirements that receive less than $750,000 of total Federal funding must submit a Financial
Statement Audit prepared in accordance with Generally Accepted Auditing Standards
(“GAAS”)if the audit includes disclosures that may negatively impact the HIDTA program
including,but not limited to fraud,financial misstatements,and violations of any contract or
grant provisions.The County shall have the right to review and audit all records of the |
Municipality pertaining to any payment by the County.
8.CONFLICT OF INTEREST.
8.1.The Municipality shall comply with the following ONDCP conflict of interest policies:
2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROCHESTER HILLS
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8.1.1.As anon-Federal entity,you must maintain written standards of conduct coveringconflictsofinterestandgoverningtheperformanceofyouremployeesengagedintheselection,award,and administration of subawards and contracts.
8.1.2.None of your employees may participate in the selection,award,or administration of asubawardorcontractsupportedbyaFederalawardifheorshehasarealorapparentconflictofinterest.Such a conflict of interest would arise when the employee,officer,oragent,any member of his or her immediate family,his or her partner,or an organization
which employs oris about to employ any of the parties indicated herein,has a financial orotherinterestinoratangiblepersonalbenefitfromanorganizationconsideredforasub-
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 Indiantribe,you must also maintain written standards of conduct covering
organizational conflicts of interest.Organizational conflicts of interest means that becauseofrelationshipswithaparentcompany,affiliate,or subsidiary organization,you are unable
or appearto be unable to be impartial in conducting a sub-award or procurement actioninvolvingarelatedorganization.
9.MANDATORY DISCLOSURE.
9.1.As a non-Federal entity,the Municipality must disclose,in a timely manner,in writing to
ONDCP all violations of Federal criminal law involving fraud,bribery orgratuity 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 certaincivil,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 correctionof the deficiency,disallowance of all
or part of the costs associated with noncompliance,suspension,termination of award,
debarment,orotherlegally available remedies outlined in 2 CFR 200.338 “Remedies for
Noncompliance”.
10.RECORD RETENTION.
10.1.
10.2.
The Municipality shall comply with the record retention provisions of 2 C.F.R.200.333
(Retention requirements for records).
The Municipality should,wheneverpracticable,collect,transmit,and store Federal award-
related information in open and machine readable formats rather than in closed formats or on
paperin 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
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AND
CITY OF ROCHESTER HILLS
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Rev.February 2024
11.ACCESS TO RECORDS.
11.1.
11.2.
The Federal awarding agency,Inspectors General,the Comptroller General of the United
States,and the County,or any of their authorized representatives,have the right of access to
any documents,papers,or other records of the Municipal entity which are pertinent to the
Federal award,in order to make audits,examinations,excerpts,and transcripts.The right also
includes timely and reasonable access to the Municipality's personnel for the purpose of
interview and discussion related to such documents.The right of access to the Municipality’s
records is not limited to the required retention period but last as long as the records are
retained.
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.
12.1.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 amendmentshereto shall be entered in the official minutes of the governing bodies of each
Party.This Agreementshall end on December31,2024.
13.ASSURANCES.
13.1.
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 underthis
Agreement.
14.TERMINATION OF AGREEMENT.
14.1.This Agreement maybe terminated in whole or in part as follows:
14.1.1.by the County,if the Municipality fails to comply with the terms and conditions of this
Agreement;
14.1.2.by the County forcause;
2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
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AND
CITY OF ROCHESTER HILLS
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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 portionto 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 Agreement inits entirety.
14.2,The County must provide to the Municipality a notice of termination.Written suspension ornoticeofterminationwillbesenttotheMunicipality’s business address.If this Agreement isterminatedorpartiallyterminated,both the County and the Municipality remain 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 recoverfunds 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 ROCHESTER HILLS
Page 8 of 11
Rev.February 2024
18.
19.
20.
21.
22.
23.
remedied by imposing additional conditions,the County maytake one or moreof the following
actions,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 debarmentproceedings
as authorized under 2 CFR Part 180 and Federal awarding agency regulations;
17.1.5.withhold further funds for the project or program;
17.1.6.take other remedies that may be legally available.
NO THIRD-PARTY BENEFICIARIES.Except as provided for the benefit of the Parties,this
Agreement does not and is not intended to create any obligation,duty,promise,contractual right or
benefit,right to indemnification,right to subrogation,and/or any other right,in favor of any other
person orentity.
DISCRIMINATION.The Parties shall not discriminate against their employees,agents,applicants
for employment,or another persons orentities 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.EachParty 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 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
deemed or construed as a continuing waiver of any term,condition,or provision of this Agreement.
2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROCHESTER HILLS
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Rev.February 2024
24.
25.
26.
27.
No waiver by either Party shall subsequently affect its right to require strict performance of thisAgreement.
SEVERABILITY.Ifa court of competent jurisdiction finds a term,or condition,of this Agreementtobeillegalorinvalid,then the term,or condition,shall be deemed severed from this Agreement.Allotherterms,conditions,and provisions of this Agreement shall remainin full force.
CAPTIONS.The section and subsection numbers and captions in this Agreement are intended fortheconvenienceofthereaderandarenotintendedtohaveanysubstantivemeaning.The numbersandcaptionsshallnotbeinterpretedorbeconsideredaspartofthisAgreement.Any use of thesingularorpluralnumber,any reference to the male,female,or neuter genders,and any possessive ornonpossessiveuseinthisAgreementshallbedeemedtheappropriateplurality,gender or possessionasthecontextrequires.
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 addressedtothepersonlistedbelow.Notice will be deemed given on the date when one of the following firstoccur:(1)the date of actual receipt;(2)the next business day whennotice is sent express deliveryserviceorpersonaldelivery;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 ofCommissionersChairperson,1200 North Telegraph,Pontiac,Michigan 48341,with a copy toOaklandCountySheriff'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 RochesterHills.
26.3.Either Party may change the address and/orindividual to which Notice is sent by notifying theotherPartyinwritingofthechange.
CONTACT INFORMATION.
County of Oakland City of Rochester Hills
Lieutenant Bryan Wood
Investigative &Forensic Services Division
Narcotics Enforcement Team
Office:248-858-1722
Fax:248-858-1754
Email:woodb@oakgov.com
28.GOVERNING LAW,This Agreement shall be governed,interpreted,and enforced by the laws oftheStateofMichigan,without regard to Michigan’s conflict of laws provisions.
2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
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AND
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Rev.February 2024
29.AGREEMENT MODIFICATIONS OR AMENDMENTS.Any modifications,amendments,
rescissions,waivers, or releases to this Agreement mustbe in writing and executed by both Parties.
30.ENTIRE AGREEMENT.This Agreement represents the entire agreement and understanding
between the Parties.This Agreement supersedes all other oral or written agreements between the
Parties.The language of this Agreementshall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board of
Commissioners,acknowledges that he has been authorized by a resolution of the Oakland County Board
of Commissig 4 certified copy of whchis attached,to execute this Agreement,and hereby accepts
and binds thé ;to the terms and s Agreement.
EXECUTED DATE:L
David T.Woddward,Chairperson
Oakland County Board of Commissioners
WITNESSED:Koc DATE:__?-20 -Df
Printed i Nek AR WIG CELL gL)
Title:SEce-_,ey
IN WITNESS WHEREOF,Joe Snyder ,acknowledges that he/she has been authorized
Agreement,and hereby aecépts 4nd binds theMunicipality to the terms and conditions of this Agreement.
by a resolutionof the vei estab body,a certified copy of which is attached,to execute this
a
Printed Name:Bryan K.Barnett
Titles Mayon CitySf Rochester Hills
WITNESSED:Chae ace du DATE:05/07/2024
Printed Nate:Joe Snyder
Title:Chief Financial Officer
EXECUTED:DATE:05/07/2024
2024 HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF ROCHESTER HILLS
Page 11 of 11 Rev.February 2024
Exhibit A
Michigan HIDTA
Initiative Description and Budget Proposal
All Initiatives which seek HIDTA funding must complete this proposal and return to Michigan HIDTA via e-mail
by the announced deadline.Completion of all sections of this proposal is required.The Office of National Drug
Control Policy examines these submissions very closely.Your proposal must be clear,concise and complete.
A complete proposal consists of this form AND the Michigan HIDTA FMS Budget Sheet.
Program Year:|2024 Initiative Title:|NET -Oakland County Narcotics Enforcement Team
Submitter's Rank/Name:|D/Lt.Sean Jennings Submitter's Telephone #:|248-858-1722
Submitter's E-mail Address:|jenningss@oakgov.com
SECTION 1:INITIATIVES
Level of Activity -Check all that apply
Local DTO Focus Multi-State DTO Focus [_]International DTO Focus [_]Interdiction Focus
Does this Initiative Routinely Provide Information to the HIDTA Investigative Support Center (ISDC)?
YES []NO
SECTION 2:PROFILE
Initiative Description
Enter Lead Agency:|Oakland 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 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 amountwill be utilized.It is important to relate why each line item is needed and howit fits into your plan to attack
the threat in your region and attain your performance targets.Provide a clear,concise and complete explanation of all
items in your budget request.The budget narrative will be reviewed by the Michigan HIDTA Steering Committee and
Executive Board before being sent to ONDCP for review and approval.
ONDCP closely examines vehicle expenditures.Lease costs and other vehicle-related expenses must be
detailed.Ensure the number of vehicles and expenses match the number ofeligible officers in your initiative.
Examples:"6 vehicles @ $500/month x 12 months = $36,000;Gasoline Expense,6 officers @ £200/month x 12
months =$14,400 .
ONDCP also scrutinizes overtime expenses.Ensure these expenses line-up with eligible officers in your
initiative.ONDCP caps overtime for individual officers at $9,500 annually.The Michigan HIDTAlimits the cap to
$6,500 per officer annually.Each initiative is required to maintain documentation/spreadsheet to ensure these
limits are not exceeded.Example:10 task force officers x $3,000/annually =$30,000 annual overtime.
PLEASE NOTE:Equipment vs.Supplies -There has been a change in how these items are categorized.All items
purchased for $5,000 or moreper item are categorized as Equipment.All items purchased for $4,999 or less per item
are categorized as Supplies.
Equipment expenses must be detailed.Provide specifics for what will be purchased,the cost,and howit relates to your
plan to address the threat.Example:10 ballistic shields @ $6,000 each =$60,000.
Supplies expenses must be detailed.Provide specifics for what will be purchased,the cost,and howit relates to your
plan to address the threat.Example:12 laptop computers @ $1,000 each =$12,000.
Service expenses must also be detailed.Example:Monthly cell phone service for 12 officers @ $100/monthly x 12
months =$14,400.
The total of all items must match the total entered in the "Total Dollar Amount Requested"field at the top of the next
page.
A complete proposal consists of this form AND the Michigan HIDTA FMS BudgetSheet.
Enter Initiative Description and Budget Proposal Detail Below
Total Dollar Amount Requested:$132,300
Explain the mission of the initiative and provide a detailed explanation of the specific threat/s identified in theMichiganHIDTAAnnualThreatAssessmentthatthisinitiativeisdesignedtoaddress.All sections below 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 categoryofillicit
substances misused in Oakland County
o Heroin-related overdose deaths remain at high levels in the county
o NET has observed a substantial increase in methamphetamine distribution and use
o Cocaine has become a resurgent threat and is widely available throughout the county
o Controlled prescription drugs remain an area of concern
o Most of the illegal narcotics remain in Oakland County and are distributed by local DTOs and eventually
consumed by users
INVESTIGATIVE APPROACH:(See Worksheet/Sample -2024 IDBP handout with new format)
-NET will leverage HIDTA funds to support investigative overtime and communication services
o Drug seizures will be thoroughly investigated by NET investigators in order to
XM Trace seizures back to source(s)of supply
X Assist investigators in ultimately disrupting and dismantling DTOs
o NETinvestigators monitor DTO trafficking patterns and share the information with our federal partners
NET’s primaryfocus is investigations into upper-and mid-level DTOs to identify,disrupt and
dismantle their illicit drua traffickina operations
Agency Positions
Summarize the staffing levels you confidently expect to be part of your initiative for the Program Year selected.TheHIDTAFundedboxshouldbemarkedYesONLYwhenHIDTAfundingcoversthesalary/wages for the listed position.
Number of |HIDTA Funded]Collocated |Full Time
Position Title Agency Positions (Yes/No)(Yes/No)or Part Time Notes
Office Assistants Oakland County Sheriff 2 No Yes Part Time
Technical Assistant Oakland County Sheriff 1 No Yes Full Time
Property Room Technician Oakland CountySheriff 1 No Yes Full Time
Auditor Oakland County Sheriff 1 No Yes Full Time
Deputy Oakland County Sheriff 7 No Yes Full Time
Sergeant Oakland County Sheriff 3 No Yes Full Time
Lieutenant Oakland County Sheriff 1 No Yes Full Time
Agent Drug Enforcement Admin 1 No Yes Full Time
Agent US Dept of Homeland Security 1 No Yes Full Time
Investigator Oakland County Prosecutor Off 1 No Yes Full Time
Officer Auburn Hills Police Dept 1 No Yes Full Time
Officer Birmingham Police Dept 1 No Yes Full Time
Officer Bloomfield Police Dept 1 No Yes Full Time
Officer Farmington Hills Police Dept 1 No Yes Full Time
Officer 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 performance targets should be aggressive but reasonably attainable,considering expected staffing andfunding.Remember that your initiative's performance is compared to how successfully it attained itspredictedtotals.Please note Initiative's performance is not compared to the performance of other initiatives.Include pertinent notes in the Notes/Additional Information box.
DISRUPTED Defined DISMANTLED Defined
Enter Number of DTOs Expected to be Disrupted or Dismantled This Program Year:|Page 3
N/ANotes/Additional Information:
Enter Number of MLOs Expected to be Disrupted or Dismantled This Program Year:Page 3
N/ANotes/Additional Information:
SECTION 4:CLANDESTINE LABS
Predict the number of each of the following items which you expect to seize during the Program Year.
Include pertinent notes in the Notes/Additional Information box.
Enter the Number of Lab Dump Sites Expected to be Seized N/A
Enter the Number of Chemical/Glassware/Equipment Expected to be Seized N/A
Enter the Number of Children Expected to be Affected N/A
Enter the Number of Meth Labs Expected to be Dismantled N/A
Enter the Number of Other Clan Labs (Production/Conversion)Expected to be Dismantled N/A
N/ANotes/Additional Information:
SECTION 5:ACTIVITIES
Predict the number of each of the following items for the Program Year.Include pertinent notes intheNotes/Additional Information box.
New HIDTA Cases:
Enter the Number of New HIDTAInitiative Cases Expected to be Opened This Program Year:
|
N/A
Notes/Additional Information:N/A
Case Support:
Enter the Number of Cases Expected to be Provided Analytical Support This Program Year:Page 3
Refer to definition of Analytical Support (AS).Project only number of cases which will receive AS from ananalystembeddedwithyourTFortheDSEMIIC/MIOC.Do not include cases which will receive AS from ananalystseatedattheHIDTA.A case can be reported receiving AS only ONCE IN A CALENDAR YEAR butcanbecountedeachcalendaryearitreceivesAS.Project the number of separate cases to receive AS in theyear,not the number of times AS is received on all cases.Important:Remember to submit a 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
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 -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 Coe,oo,ooSelecttheOtherOutputsyourinitiativeplanstoutilizeinthepicklist boxes below.
A wiretap is a form of electronic
monitoring where a Federal or state
court order authorizes law Other Output:
enforcement to surreptitiously listen
to phone calls or intercept wireless 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.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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Exhibit C
YOUR AGENCY LETTERHEAD
January 17,2022
Director
Michigan HIDTA
26211 Central Park Blvd.
Southfield,Ml 48076
Dear Director:
Please acceptthis 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,
||a Exhibit DPleaseNote:This document is usedfor 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.;eT
EE 1:seer
DATE HOURS OVERTIME NET#
07/11/2016 08:30-16:3007/12/2016 08:30-16:3007/13/2016 08:30-16:30 :07/14/2016 08:30-16:30 a APPROVED07/15/2016 08:30-16:30 Ale /\e
08/01/2016 45:00-23:0008/02/2016 15:00-23:0008/03/2016 14:00-00:00 2hour 16-net-41908/04/2016 44:00-23:00 4hour IR-16-26308/05/2016 03:00-07:00 Ahour [R-16-26408/05/2016 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 Exhib it Edoesnothavetothesame,but must contain the same elements.
Required:Pay stub or payroll report containing the same information as paystub.If the paystub does notindicatetheovertimerateofpay,then please include with the overtime slip.
Pay Period Ending on:”opines:Check #:
Check Date:08/12/2016
Primary Rate:31.2962
witholding Rate:00
Federal Allowances:0
/PAYCODESID!3"GROSS TD||DEDUCTEON="ED.AMOUNT|:TDLONGEVITYPS0.00 350.00|/FITW 475.02 8,268.40SALARY80.00 7.00 2,832.31]41,498.79/|srrw 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|/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
LEAVE;BANK PPRIOREBALANCE|(OURSACCRUED |:URSLOST 2S NEWSBALANCECOMPPS7.50 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
HRRVOT DY #RRR K RF RVOT DE HK HRA EVOT DAR ERE KAKCHECK STUB REPRINT******
Rochester Hills
1000 RochesterHills Dr
Rochester Hills,MI 48309
(248)656-4600
t
ROCHESTER.
f ,if Home Page:4 |i Certified Copy www.rochesterhills.org
MICHIGAN Agreement:RES0145-2024
File Number:2024-0228 Enactment Number:RES0145-2024
Request for Acceptance of the Subrecipient Agreement between Oakland County and the City of RochesterHillsfortheallocationofgrantfundingundertheFY2024HighIntensityDrugTraffickingArea(HIDTA)Grant
Resolved,that the Rochester Hills City Council hereby accepts the Subrecipient Agreement between Oakland
County and the City of Rochester Hills for the allocation of grant funding under the Program Year 2024 HighIntensityDrugTraffickingArea(HIDTA)Grant and further authorizes the Mayor to execute the Agreement on behalfoftheCity.
|,Leanne Scott,City Clerk,certify that this is a true copy of RES0145-2024 passed at theRochesterHillsCityCouncilRegularMeetingheldon5/6/2024 by the following vote:
Moved by Marvie Neubauer,Seconded by Jason Carlock
Aye:Blair,Carlock,Deel,Morlan,Mungioli,Neubauer,and Walker
Ataane ¢ast May 7,2024
Leanne Scott,MMC,City Clerk Date Certified
RochesterHills Page 1 Printed on 5/7/2024
July 30, 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 Rochester 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
Leanne Scott, Clerk, City of Rochester Hills
Enclosures