HomeMy WebLinkAboutReports - 2024.01.18 - 40930
AGENDA ITEM: Acceptance from the Bureau of Alcohol, Tobacco, Firearms and Explosives of
the FY 2024 Overtime Reimbursement
DEPARTMENT: Sheriff’s Office
MEETING: Board of Commissioners
DATE: Thursday, January 18, 2024 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3681
Motion to approve the reimbursement of overtime salary cost from the Federal Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) in the amount of up to $82,830 for the period of October 1,
2023 through September 30, 2024, and amend the FY 2024 as detailed in the attached Schedule A.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
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. The Sheriff’s Office (OCSO) will receive up to $20,707.50 (per task force officer) in
reimbursement funding from the ATF for the period of October 1, 2023 through September 30,
2024. 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.
There are currently four task force officers who regularly work with the ATF.
No county match is required.
The Memorandum of Agreement between the ATF and the Sheriff’s Office was reviewed by
Corporation Counsel and approved by the Board of Commissioners, via MR #2022-1911, on
September 9, 2022.
POLICY ANALYSIS
Acceptance of this grant funding does not obligate the County to any future commitment and
continuation of this program is contingent upon continued future levels of grant funding.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Curtis Childs, Undersheriff
Gaia Piir, Sheriff Fiscal Officer
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 1/18/2024
AGENDA DEADLINE: 01/18/2024 6:00 PM
ATTACHMENTS
1. FY24 SO ATF Grant Acceptance Schedule A
2. Grant Review Sign-Off FY2024
3. Oakland County SO_Signed MOA FY2023
4. NEW Authorization and Review Statement
COMMITTEE TRACKING
2024-01-09 Public Health & Safety - Recommend to Board
2024-01-18 Full Board - Adopt
Motioned by: Commissioner Ajay Raman
Seconded by: Commissioner Ann Erickson Gault
Yes: David Woodward, Michael Gingell, Penny Luebs, Karen Joliat, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault,
Linnie Taylor (17)
No: None (0)
Abstain: None (0)
Absent: Kristen Nelson, Michael Spisz (2)
Passed
Oakland County, Michigan
SHERIFF'S OFFICE - FY 2024 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 2024
Amendment
FY 2025
Amendment
FY 2026
Amendment
R General Fund - Grants Patrol Services FND10101 CCN4030601 RC610313 PRG110000 GRN1004266 Federal Operating Grant $82,830 $-$-
Total Revenues $82,830 $-$-
E General Fund - Grants Patrol Services FND10101 CCN4030601 SC712020 PRG110000 GRN1004266 Overtime $82,830 $-$-
Total Expenditures $82,830 $-$-
GRANT REVIEW SIGN-OFF – Sheriff’s Office
GRANT NAME: FY 2024 Alcohol, Tabacco, Firearms & Explosives (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: 11/20/2023
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) should be placed on the next agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Sheryl Johnson (11/17/2023)
Human Resources:
Approved by Human Resources No position impact. – Heather Mason (11/15/2023)
Risk Management:
Approved. No County insurance requirements. - Robert Erlenbeck (11/14/2023)
Corporation Counsel:
Approved. - Sharon Kessler (11/15/2023)
U.S.Department of Justice
Bureau of Alcohol,Tobacco,
Firearms and Explosives
Washington,DC 20226
www.atfgov
MEMORANDUM OF AGREEMENT
Between the
Bureau of Alcohol,Tobacco,Firearms and Explosives
and
Oakland County Sheriffs Office
for
Reimbursement of Overtime Salary Costs
associated with
ATF TASK FORCE
This Memorandum of Agreement (MOA)is entered into by the Bureau of Alcohol,Tobacco,
Firearms and Explosives (ATF),headquartered in Washington,D.C.,and the Oakland County
Sheriff’s Office,headquartered in Pontiac,MI,for the purpose of reimbursementof overtime
salary costs and other costs,with prior ATF approval,includingbutnot 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.
IL.DURATION OF THIS MEMORANDUM OF AGREEMENT
This MOA is effective with the signaturesof all parties,and if signed 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.
Ill.
IV.
2.Departments of Commerce,Justice,and State,the Judiciary,and Related AgenciesAppropriationsBill,which provides for the reimbursementof overtime salary costs oflocal,county,or State law enforcement agencies incurred while assisting ATF in joint lawenforcementoperations.
Title 28,U.S.C.,Section 530C,which provides thatthe 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-Federal
parties.
This Memorandum of Agreement (MOA)is not a funding allocation document.
PURPOSE OF THIS MEMORANDUM OF AGREEMENT
This MOA establishes the procedures and responsibilities of both the Oakland County
Sheriff’s Office and ATF for the reimbursement of certain overtime and other pre-
approved expenses incurred pursuant to the authority in Section II.
NAME OF JOINT OPERATION/TASK FORCE (if applicable)
The name of this joint operation/task force:ATF TASK FORCE
CONDITIONS AND PROCEDURES
A.The Oakland County Sheriffs Office shall assign officer(s)to assist ATF 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 Sheriff’s Office shall provide ATF with the name(s),title(s),and
employee identification number(s)of the officer(s)assigned to the investigation.
The Oakland County Sheriff’s Office shall provide ATF,within ten (10)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 information under paragraph VI ofthis
MOA,and the name of the official authorized to submit an invoice to ATF under
paragraph V,subparagraph E.
The Oakland County Sheriff’s Office shall provide ATF,within ten (10)calendar
days of the signing of this agreement,with the financial institution where the law
enforcement agency wantsthe Electronic Funds Transfer (EFT)payment deposited
for reimbursement.The mechanism forthis 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 ATFfield office address:
2
ATF,ATTN:GS David Salazar,1155 Brewery Park Blvd.,Suite 300,Detroit,MI48207
The Oakland County Sheriff's Office may request reimbursementfor paymentof
overtime expensesand other costs with prior ATF approval,including but not
limited to travel,fuel,training,and equipment,directly related to work performed
by its officer(s)assigned as membersof a joint operation/task force with ATF for
the purpose of conducting an official investigation.
Invoices submitted to ATF for the payment 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 Sheriffs Office and submitted to
ATFfield office for signature and verification of the invoice.
The Oakland County Sheriff’s Office will submitall requests for reimbursable
payments,together with the appropriate documentation,to ATF by the 10th day of
each subsequent monththat the agency is seeking reimbursement.
qd) If the reimbursement request is not received by the ATFfield office by the
10th of the subsequent month,the ATFfield office will advise the agency,
in writing, that the reimbursementrequest 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 waiversor extensions will be granted or honored.The Oakland County
Sheriff’s Office will submit the request for reimbursementvia mail,email,
or fax to the following address:
ATF,ATTN:GS David Salazar,1155 Brewery Park Blvd.,Suite 300,
Detroit,MI 48207,David SalazarJr@atf.gov
The ATF Supervisor shall be responsible for certifying that the request is for
overtime expenses 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.
The Oakland County Sheriffs 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.
VI.
I.All reimbursable hours of overtime work covered underthis MOA must beapprovedinadvancebytheATFsupervisor.
J.All swornState,county and local law enforcement officers cannot exceed the fiscalyearreimbursementcap,which is the equivalentof 25 percent ofa GS-12,Step-1salary.Sworn law enforcementofficersin the State,county or local law
enforcement agency assigned to cover when a TFO/Special Deputy or other swornlawenforcementofficer,has been called away onan ATFmatter,shall not be
reimbursed with SLOT funds.
K.Any Sworn State,county and local law enforcementofficer receiving funding frommultiplesources,such as Organized Crime Drug EnforcementTask Force(OCDETF)or High Intensity Drug Trafficking Area (HIDTA),cannot exceed thefiscalyearsalarycapwhenallfundingiscombined;it is the RAC/GS’s
responsibility to ensurethat the officer does not receive double funding in excess ofthefiscalyearcap.
L,The ATFsupervisor 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,withmaximumreimbursementcoststoanyonelawenforcementofficerduringthe 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 forfiscal 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 332.
If available,funding allocations for reimbursement of expenseswill be transmitted
through a separate document.
PROGRAM AUDIT
This MOA and its procedures are subject to audit by ATF,the Department of Justice,Office of Inspector General,the Government Accountability Office,and other auditors
authorized by the Federal government.The Oakland County Sheriff's 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-going 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.
VII.
VIII.
IX.
REVISIONS
The terms of this MOA may be amended uponwritten approval bythe original parties,or
their designated representatives.Any amendmentto this MOA becomes effective upon the
date of approvalas 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.
NO PRIVATE RIGHT CREATED
This is an internal Government agreement between ATF and the Oakland County Sheriffs
Office and is not intendedto confer any right or benefit to any private person or party.
LIMITATIONS
A.The relationship between the Parties to this Agreementis 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.
A determination that any term of this MOA is invalid for any reason shall not affect
The validity of the remaining terms.
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.
Each Party shall assume the responsibility and liability forthe 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).
The mutual covenants and terms,and any applicable MOUs,represent the
entire 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.
Failure or delay on the part of any Party to exercise any right,remedy,power orprivilegehereundershallnotoperateasawaiverthereof.A waiver,to be effective,
must be in writing and signed by the Party making the waiver.A written waiver ofadefaultshallnotoperateasawaiverofanyotherdefaultorofthesametype
default on a future occasion.
The terms and provisions in this Agreement shall be construed underthe
Applicable federal statutes and regulations.
X.SIGNATURES AND ACKNOWLEDGEMENT
A.
Cs
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.
By subscription of their signatures below,the Parties acknowledgethat they have
read,understand,and intend to abide by the terms of this MOA.
Michael Bouchard Paul Vanderplow
Sheriff Special Agent in Charge
Oakland County Sheriff's Office Detroit Field Division
ATF
Date:Date:
IHOR Digialysigned by IHOR
KOLCIO Date:2022.07.21
13:33:14 -04'00'
Eric M.Lippold
Deputy Chief Financial Officer
Office of Management
ATF
Date:
MOA Number Invoice Date
Name of Agency
Point of Contact
Agency Street Address
City, State & Zip Code
Tax Payer Identification Number (TIN)
Email Address
Telephone Number
Fax Number
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives State, Local or Tribal Law Enforcement
Authorization and Review Statement
INVOICE TOTAL
APPROVAL - FIELD OFFICE (RAC/GS)
Name (Typed) Signature Date
APPROVAL - AGENCY
I certify that the information provided above is accurate and represents actual costs incurred by this agency.
Name (Typed Signature Date
APPROVAL - FIELD DIVISION (ASAC/SAC)
Name (Typed) Signature Date
Revised September 2023
Total Invoice
-AFF
Please refer to individual overtime ledger(s) for detailed amounts
Officer Name (First and Last) Officer Agency Job Title Officer Overtime Total
INVOICE TOTAL
Revised September 2023
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives State, Local or Tribal Law Enforcement
Authorization and Review Statement