HomeMy WebLinkAboutResolutions - 2022.09.01 - 37590
AGENDA ITEM: Grant Acceptance FY2023 Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) Overtime Reimbursement 22-306
COMMITTEE MEETING: Board of Commissioners
DATE: Thursday, September 1, 2022 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
DEPARTMENT SPONSORED BY
Sheriff’s Office Penny Luebs
INTRODUCTION AND BACKGROUND
This is a request to approve the Reimbursement of Overtime Salary Cost Agreement in the amount
of $19,372 from the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the
period of October 1, 2022 through September 30, 2023.
POLICY ANALYSIS
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for
additional information.
CONTACT
Curtis Childs
Gaia Piir, Sheriff Fiscal Officer
piirg@oakgov.com
ITEM REVIEW TRACKING
Penny Luebs, Created/Initiated - 9/1/2022
David Woodward, Board of Commissioners Approved - 9/1/2022
Hilarie Chambers, Executive's Office Approved - 9/8/2022
Lisa Brown, Clerk/Register of Deeds Final Approval - 9/14/2022
AGENDA DEADLINE: 09/01/2022 6:00 PM
COMMITTEE TRACKING
2022-08-23 Public Health & Safety - Recommend to Board
2022-09-01 Full Board
ATTACHMENTS
1. FY23 SO ATF Grant Acceptance Schedule A
2. Grant Review Sign-Off FY2023
3. Oakland Co SO - FY23 MOA (2027) unsigned
September 1, 2022
MISCELLANEOUS RESOLUTION #22-306
Sponsored By: Penny Luebs
Sheriff’s Office - Grant Acceptance FY2023 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Overtime Reimbursement
Chairperson and Members of the Board:
WHEREAS the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) may reimburse law
enforcement agencies (LEA) for overtime costs, with prior ATF approval, for providing resources to assist the
ATF; and
WHEREAS the Sheriff’s Office will receive up to $19,372 (per task force officer) in reimbursement funding
from the ATF for the period of October 1, 2022 through September 30, 2023; and
WHEREAS this funding will be used for the reimbursement of overtime for an OCSO officer assigned to the
ATF Task Force for the expenses necessary for investigations of Federal, state, and local laws; and
WHEREAS no county match is required; and
WHEREAS the Reimbursement of Overtime Salary Cost agreement has completed the Grant Review Process
in accordance with the Grants Policy approved by the Board at their January 21, 2021 meeting.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
Reimbursement of Overtime Salary Cost Agreement in the amount of $19,372 from the Federal Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) for the period of October 1, 2022 through September 30,
2023.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute
the grant agreement and to approve any grant amendments within fifteen percent (15%) of the original award,
which are consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment and continuation of this program is contingent upon continued future levels of grant funding.
BE IT FURTHER RESOLVED the budget is amended as detailed in the attached Schedule A.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
Date: September 01, 2022
David Woodward, Commissioner
Date: September 08, 2022
Hilarie Chambers, Deputy County Executive II
Date: September 14, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-08-23 Public Health & Safety - Recommend to Board
2022-09-01 Full Board
VOTE TRACKING
Motioned by Commissioner William Miller III seconded by Commissioner Angela Powell to adopt the attached
Grant Acceptance: FY2023 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Overtime
Reimbursement.
Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip
Weipert, Angela Powell, Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller III, Yolanda
Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Adam Kochenderfer (18)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. FY23 SO ATF Grant Acceptance Schedule A
2. Grant Review Sign-Off FY2023
3. Oakland Co SO - FY23 MOA (2027) unsigned
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 1, 2022,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan on Thursday, September 1, 2022.
Lisa Brown, Oakland County Clerk / Register of Deeds
Oakland County, Michigan
SHERIFF'S OFFICE - GRANT ACCEPTANCE FY2023 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF) OVERTIME REIMBURSEMENT
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2022
Amendment
FY 2023
Amendment
FY 2024
Amendment
R General Fund Investigative & Forensic Svcs FND10101 CCN4030901 RC610313 PRG110060 GRN1003898 Federal Operating Grant $-$19,372 $-
Total Revenues $-$19,372 $-
E General Fund Investigative & Forensic Svcs FND10101 CCN4030901 SC712020 PRG110060 GRN1003898 Overtime $-$19,372 $-
Total Expenditures $-$19,372 $-
GRANT REVIEW SIGN-OFF – Sheriff’s Office
GRANT NAME: FY 2023 ATF Task Force Overtime Reimbursement
FUNDING AGENCY: U.S Dept of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
DEPARTMENT CONTACT PERSON: Katie West 248-452-2110
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 08/09/2022
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of
the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Was there any room in this grant to account for the wage increases made to the Sheriff contract? Approved,
but just curious. Sheryl Johnson 08/09/2022
Human Resources:
Approved. No position implications, so HR action is not needed. – Heather Mason 08/04/2022
Risk Management:
Approved.- Robert .Erlenbeck 08/08/2022
Corporation Counsel:
Approved. - Sharon Kessler 08/08/2022
U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Washington, DC 20226
www.aif.gov
MEMORANDUM OF AGREEMENT
Between the
Bureau of Alcohol, Tobacco, Firearms and Explosives
and
Oakland County Sherifr s Office
for
Reimbursement of Overtime Salary Costs
associated with
ATF TASKFORCE
***********
This Memorandum of Agreement (MOA) is entered into by the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), headquar tered in Washington, D.C., and the Oakland County
Sheriff's Office, headquartered in Pontiac, l\11, for the purpose of reimbursement of overtime
salary costs and other costs, with prior A TF approval, including but not limited to travel, fuel,
training, and equipment, incurred by the Oakland County Sheriffs Office in providing resources
to assist ATF.
Payments may be made to the extent they are included in ATF's Fiscal Year Plan and the monies
are available to satisfy the request(s) for reimbursable overtime expenses.
I.DURATION OF THIS MEMORANDUM OF AGREEMENT
This MOA is effective with the sign atures of all parties, and if sign ed on different dates the
later date. This MOA terminates at the close of business on September 30, 2027, subject to
Section VII of the MOA.
II.AUTHORITY
This MOA is established pursuant to the following provisions:
1.Title 28, U.S.C., Section 524(c), the Department of Justice, Assets Forfeiture Fund,
which provides for the payment of overtime salaries, travel, fuel, training, equipment
and other similar costs of State and local law enforcement officers that are incurred in a
joint asset forfeiture law enforcement operation with a Federal law enforcement agency
participating in the Assets Forfeiture Fund initiative.
2.Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Bill, which provides for the reimbursement of overtime salary costs of
local, county, or State law enforcement agencies incurred while assisting A TF in joint law
enforcement operations.
3.Title 28, U.S.C., Section 530C, which provides that the activities of the Department of
Justice (including any bureau, office, etc.) may be carried out through any means,
including through contracts, grants, or cooperative agreements with non-F ederal
parties.
This Me morandum of Agreement (MOA) is not a funding allocation document.
III.PURPOSE OF THIS MEMORANDUM OF AGREEMENT
IV.
This MOA establishes the procedures and responsibilities of both the Oakland County
Sheriff's Office and A TF for the reimbursement of certain overtime and other pre
approved expenses incurred pursuant to the authority in Section IL
NAME OF JOINT OPERATION/fASK FORCE (if applic able)
The name of this joint operation/task force: ATF TASK FORCE
V.CONDITIONS AND PROCEDURES
A.The Oakland County Sheriffs Office shall assign officer(s) to assist ATP in
investigations of Federal, state, and local laws. To the maximum extent possible,
the officer(s) will be assigned on a dedicated, rather than rotational basis. The
Oakland County Sheriffs Office shall provide ATF with the name(s), title(s), and
employee identification number(s) of the officer(s) assigned to the investigation.
B.The Oakland County Sheriffs Office shall provide ATF, within ten (I 0) calendar
days of the signing of this MOA, with a contact name, title, telephone number and
address. The Oakland County Sheriffs Office shall also provide the name of the
official responsible for providing audit inform ation under paragraph VI of this
MOA, and the name of the official authorized to submit an invoice to A TF under
paragraph V, subparagraph E.
C.The Oakland County Sheriff's Of fice shall provide A TF, within ten (1 0) calendar
days of the signing of this agreement, with the financial institution where the law
enforcement agency wants the Electronic Funds Transfer (EFT) payment deposited
fo r reimbursement. The mechanism for th is is the Unified Financial Management
System (UFMS) Vendor Request Form. Within the UFMS Vendor Request form,
the DUNS Number should be provided (DUNS-Data Universal Numbering
System, identifies business entities on a location-specific basis) under section 12.
When completed, forward this form to the appropriate A TF field office address:
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ATF, ATTN: GS David Salazar, 1155 Brewery Park Blvd., Suite 300,Detroit, MI
48207
D.The Oakland County Sheriff's Office may request reimbursement for payment of
overtime expenses and other costs with prior A TF approval, including but not
limited to travel, fuel, training, and equipment, directly related to work performed
by its officer(s) assigned as members of a joint operation/task force with ATF for
the purpose of conducting an official investigation.
E.Invoices submitted to A TF for the pay ment of expenses must be submitted on the
appropriate forms as provided by ATF. The invoice shall be signed by an
authorized representative of the Oakland County Sheriff's Office and submitted to
ATF field office for signature and verification of the invoice.
F.The Oakland County Sheriff's Office will submit all requests for reim bu rsable
payments, together with the appropriate documentation, to A TF by the 10th day of
each subsequent month that the agency is seeking reimbursement.
(1)If the reimbursement request is not received by the ATF field office by the
10th of the subsequent month, the ATF field office will advise the agency,
in writing, that the reimbursement request is late, and if the reimbursement
request is not received within the next 10 working days, the overtime costs
will not be reimbursed.
(2)No waivers or extensions will be granted or honored. The Oakland County
Sheriff's Office will submit the request for reimbursement via mail, email,
or fax to the following address:
ATF, A TIN: GS David Salazar, 1155 Brewery Park Blvd., Suite 3 00,
Detroit, MI 48207, David.SalazarJr@atf.gov
G.The ATF Supervisor shall be responsible for certifying that the request is for
overtime expen ses incurred by the Oakland County Sheriff's Office for
participation with ATF during the joint operation/task force. The responsible State
or local official shall also certify that requests for reimbursement of expenses have
not been made to other Federal law enforcement agencies.
H.The Oakland County Sheriff's Office acknowledges that they remain fully
responsible for their obligations as the employer of the officer(s ) assigned to the
joint operation/task force and are responsible for the payment of the overtime
earnings, withholdings, insurance coverage, and all other requirements by law,
regulations, ordinance or contract regardless of the reimbursable overtime charges
incurred.
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I.All reimbursable hours of overtime work covered under this MOA must be
approved in advance by the ATF supervisor.
J.All sworn State, county and local law enfo rcement officers cannot exceed the fiscal
year reimbursement cap, which is the equivalent of 25 percent of a GS-12, Step-I
salary. Sworn law enforc ement officers in the State, county or local law
enforcement agency assigned to cover when a TFO/Special Deputy or other sworn
law enforcement officer, has been called away on an A TF matter, shall not be
reimbursed with SLOT funds.
K.Any Sworn State, county and local law enforcement officer receiving funding from
multiple sources, such as Organized Crime Drug Enforcement Task Force
(O CDETF) or High Intensity Drug Trafficking Area (HIDTA), cannot exceed the
fiscal year salary cap when all funding is combined; it is the RA C/GS's
responsibility to ensure that the officer does not receive double funding in excess of
the fiscal year cap.
L.The A TF supervisor will forward all approved reimbursement requests to the
Division Chief, Asset Forfeiture & Seized Property Division for payment.
M.This document (MOA) does not obligate funds. Funding authority, with
maximum reimbursement costs to any one law enforcement officer during the fiscal
year (October 1 -September 30); will be provided through other documents. The
agency will receive an allocation confirmation from the field division .
If available, the funding for fiscal years 2023, 2024, 2025, 2026 and 2027 is
contingent upon annual appropriation laws, Title 28, U.S.C., Section 524(c), annual
appropriations, and Title 31, U.S.C., Section 33 2.
If available, funding allocations for reimbursement of expenses will be transmitted
through a separate documen t.
VI.PROGRAM AUDIT
This MOA and its procedures are subject to audit by A TF, the Department of Justice,
Office of Inspector General, the Government Accountability Office, and other auditors
authorized by the Federal government. The Oakland County Sheriffs Office agrees to
permit such audits and agrees to maintain all records relating to these transactions for a
period of not less than three years; and in the event of an on-go ing audit, until such time as
the audit is completed.
These audits include reviews of any and all records, documents, reports, accounts,
invoices, receipts, or expenditures relating to this agreement; as well as, the interview of
any and all personnel involved in these transactions.
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VII.REVISIONS
The terms of this MOA may be amended upon written approval by the original parties, or
their designated representatives. Any amendment to this MOA becomes effective upon the
date of approval as stated in the amendment. Either party can cancel this MOA upon 60-
calendar day's written notice to the other party. The ATF will only process request for
overtime for overtime incurred before the date of cancellation, absent a specific written
agreement to the contrary.
VIII.NO PRIVATE RIGHT CREATED
This is an internal Govern ment agreement between A TF and the Oakland County Sheriffs
Office and is not intended to confer any right or benefit to any private person or party.
IX.LIMITATIONS
A.The relationship between the Parties to this Agreement is and shall remain that of
independent departments and agencies. Nothing herein shall be construed to imply
either Party's employees are employees of the other.
B.A determination that any term of this MOA is invalid for any reason shall not affect
The validity of the remaining terms.
C.The obligations in this MOA are subject to the availability of the necessary
resources to the Parties. No provision of this MOA shall be interpreted to require
obligation or payment of funds in violation of the Anti-deficiency Act, 31 U.S.C.
Section 1341, or other applicable laws.
D.Each Party shall assume the responsibility and liability for the acts and
omissions of its own employees or agents in connection with the performance
of their obligations under this Agreement that are executed within the scope of
their employment, including claims for injury, loss or damage to personal
property or death, except in the case of the federal Government, liability shall
be determined pursuant to the Federal Tort Claim Act (FTCA - 28 U.S.C.
Section 1346).
E.The mutual covenants and terms, and any applicable MOUs, represent theentire Agreement and understanding of the Parties with respect to the subject
matter hereof, and supersede all prior and contemporaneous agreements and
understandings relative to such subject matters. No representations or statements of
any kind made by either Party, which are not expressly stated herein, shall be
binding on such Party.
5
F.Failure or delay on the part of any Party to exercise any right, remedy, po wer or
privilege hereunder shall not operate as a waiver thereof. A waiver, to be effective,
must be in writing and signed by the Party making the waiver. A written waiver of
a default shall not operate as a waiver of any other default or of the same type
default on a future occasion.
G.The terms and provisions in this Agreement shall be construed under the
Applicable federal statutes and regulations.
X.SIGNATURES AND ACKNOWLEDGEMENT
A.By subscription of their signatures below, the Parties represent and warrant that
they are duly authorized to enter into this MOA on behalf of ATF and Oakland
County Sheriff's Office respectively.
B.By subscription of their signatures below, the Parties acknowledge that they have
read, understand, and intend to abide by the terms of this MOA.
Michael Bouchard
Sheriff
Oakland County Sheriffs Office
Date: ------IHOR KOLCIO Eric M. Lippold
Digitally signed by IHOR
KOLCIO
Date: 2022.07.21
13:33:14 -04'00'
Deputy Chief Financial Officer
Office of Management
ATF
Date: -------
6
Paul Vanderplow
Special Agent in Charge
Detroit Field Division
ATF
Date: ------
________________________________
David T. Woodward
Chairperson
Oakland County Board of Commissioners
Date: ________________