HomeMy WebLinkAboutResolutions - 2025.02.25 - 41876OAKLANDF
COU NTY MICHIGAN
BOARD OF COMMISSIONERS
AGENDA ITEM: Grant Acceptance from the Federal Bureau of Alcohol, Tobacco. Firearms and
Explosives for the FY 2025 Overtime Reimbursement Funds
DEPARTMENT: Sheriff's Office
MEETING: Board of Commissioners
DATE: Tuesday, February 11, 2025 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
Resolution #2025-4885
Motion to accept the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives FY 2025
Overtime Reimbursement funds in the amount of up to $217,405 for the period of October 1, 2024
through September 30. 2025; further, authorize the Chair of the Board of Commissioners to execute
this agreement; further, amend the FY 2025 as detailed in the attached Schedule A.
CATEGORYITEM •• •- d
Grant Pennv Luebs
The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reimburses 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 $21,740.50 (per task force officer,
there are currently ten task force officers who regularly work with the ATF.) in reimbursement
funding from the ATF for the period of October 1, 2024 through September 30, 2025. This funding
will be used for overtime reimbursement for an OCSO officer assigned to the ATF Task Force for
the expenses necessary for investigations of Federal, state, and local laws.
No county match is required.
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.
The current Memorandum of Agreement (MOA) between the ATF and the Sheriff's Office is effective
until September 30, 2027. The current MOA was introduced via MR #_' when FY 2023
Overtime Reimbursement Funds were accepted.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Barbara Winter. Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb(a-)oakpov.com or the department contact persons listed for additional
information.
Gaia Piir, Fiscal Officer
Aaron Snover, Board of Commissioners Created/Initiated - 2/11/2025
F-AW4►1By-All 1l*_\11gI:I=W00Z1,1
1. Sheriff - FY2025 ATF Grant Acceptance Schedule A
2. Grant Review Sign -Off
3. FY 2025 State and Local Overtime (SLOT) Forms
4. FY25 NEW Authorization and Review Statement_SingleForm
5. FY25 Overtime Ledger
6. Oakland County SO_Signed MOA FY2023
2025-02-04 Public Health & Safety - Forward to Finance
2024-02-05 Finance - Recommend to Board
2025-02-11 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert. Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault,
Linnie Taylor, Robert Smiley (18)
No: None (0)
Abstain: None (0)
Absent: Gwen Markham (1)
Passed
Oakland Cou tY. f4chigan
SHERIFFS OFFICE
- FY 2025 BUREAU OF ALCOHOL,
TOBACCO, FIREARh4S AND EXPLOSIVES (ATF) OVERTIW REIMURSEMENT
Schedule "A" DETAIL
Budget
I
Fund
Ledger
FY 2025 FY 2026 FY 2027
C rYar
I I I
Program��) #
Project #
(GRIND
RegionAffiliate
Account Tide
Amwmdment Arne rdment AnencYrerrt
Division Name (FND) (CCN
(WIS I
# (PRQII
(BFAI
SunmirY
IZE Fuid Name
G10000
Federal Operating Grant
$ 217.405 $ $
R General Fund - CrarRs Patrol Services FN010101 CCN4030601
RC 810313
PRC710000
CRN-1004515
Total Revenues
$ 217.405 $ - $ -
E General Fund - Grants Patrol Services FND10101 CCN4030801
SC712020
PRG110000
CRN-1004515
702000
Overtime
Total EMendituus
$ 217,405 $ - $
$ 217,405 $ - $ -
GRANT REVIEW SIGN -OFF — Sheriff's Office AWD00630
GRANT NAME: FY 2025 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: 01/24/2025
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 downloaded into Civic Clerk to 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 — Shannon Lee (01/24/2025)
Human Resources:
Approved by Human Resources No position impact. — Heather Mason on behalf of Hailey Matthews (01/15/2025)
Risk Management:
Approved. No County insurance requirements. - Robert Erlenbeck (01/15/2025)
Corporation Counsel:
Approved. There is no legal issues. - Sharon Kessler (01/14/2025)
From:
To:
(ATF) (TFO); Martin. Stuart E. (ATF) (TFO); Richards. Wallace W. (ATF) (TFO); Adkin. Scott A. (ATF) QOC!L
Maniaci. Jaclyn M. (ATF) (TFO); Churches. Kvlie A. (ATF) (TFO); Bilal. Ali G. (ATF) (TFO); Drabkowski. William M.
(ATF) (TFO): Davidson. Omar B. (ATF) (TFO); Davis. John H. (ATF) (TFO); Cooley. Theodore L. (ATF) (TFO):
Hedrick Daniel 1. (ATF) (TFO): Bader, Robert D. (ATF) (TFO): $Q(ers, Nathaniel J. (ATF) (TFO): Mountz ,Ule A.
(ATF) (TFO); Fowlkes. Bobby L. (ATF) (TFO); Black. Cody A. (ATF) (TFO): Accardo. Anthony A. (ATF) (TFO);
Eddy. Mitchell L. (ATF) (TFO): Fuaate. Andrew W. (ATF) (TFO): ArnoldTrevor P. (ATF) (TFO) : Kubiak. Matthew
J. (ATF) (TFO): Shepherd. Robert W. (ATF) (TFO): Harrison. Michael D. (ATF) (TFO): Day. Greaory M. (ATF)
LJEQJ- Hunt- Aaron (MSP): Maynard, Heather (MSP): Savard Brian (MSP): Marzban, Sim: Parsons, Michael S.
ATFL Wade, Paul C. (ATF): Duffany. Caren (MSP): Wickwire. Jonathan L. (ATF): Voogd. Aaron R. (ATF):
Rummel. Matthew A. (ATF)
Cc: Kroiczyk, Keith T. (ATF): DeVantier. Michael J. (ATF): Reynolds. Sherri L. (ATF): Salazar Jr. David (ATF); Smilko.
Celia A. (ATF): Nether- Joseph C. (ATF)7 Arnett, Kevin B. (ATF): Hold, Andrew D. TF) Coleman, Michael D.
ATF� Brandon. Brett J. ATF - Detroit -Operations
Subject: FY 2025 State and Local Overtime (SLOT) Forms
Attachments: FY25 Overtimq I edper.xlsx
E25 NEW AUJ ...:Lu►V. and Review Statement SinaleForm.pdf
Importance: High
Good morning, everyone. Attached are the FY25 SLOT forms. All MOA numbers will begin with
25 starting this month since we are now in FY25. The Invoice Number (bottom of the page) on
the new ARS form is the MOA number.
Please note the maximum SLOT for individual officers from all federal sources is $21,740.50.
Let me know if you have any questions.
Additional Reminders for SLOT Requirements:
o The combination of overtime funding for an individual officer, from whatever
source derived, such as SLOT, Organized Crime Drug Enforcement Task Force
(OCDETF) or High Intensity Drug Trafficking Areas (HIDTA), cannot exceed
the fiscal year overtime cap. The salary cap does not mean an officer is
entitled to the full amount nor should there be any type of expectation to
earn the full amount.
• Only sworn state, county and local law enforcement officers are eligible for the
reimbursement of SLOT and do not require deputation through ATF. Sworn
state, county and local law enforcement officers shall not be deputized solely for
receiving SLOT.
• Must have prior approval from RAC/GS and the activity must be supporting an
open ATF criminal investigation (not a criminal intelligence investigation).
• SLOT cannot be used to cover compensation normally part of an officer's base
pay/salary. Employment benefits shall not be calculated within the officer's rate.
• TFO workweek and work hours shall be the same as those of the field office to
which the TFO is assigned. The Field Division SAC shall determine the
scheduled workweek and regular hours for the TFOs.
• TFO travel days while on official authorized Government travel status and/or the
fulfillment of mandatory ATF training requirements shall not be considered
overtime and SLOT shall not be paid.
• Must have an active and current MOA signed by all parties.
Special Agent
Senior Operations Officer
ATF Detroit Field Division
1155 Brewery Park Blvd Suite 9300
Detroit, MI48207
(313) 202-3563 - Office
(810) 444-8627 - Cell
U.S. Department of Justice
Bureau ofAlcohol, Tobacco, Firearms and Explosives
MOA Number 25- DIV-123 -AFF
Nante of.-lgenev
Point Of COlitact
Agency Address
APPROVAL - FIELD OFFICE (RACIGS)
State, Local or Tribal Law Enforcement
Authorization and Review Statement
Invoice Date I 25- 1031
Tax Payer Identification Number (TIA)
Email Address
Telephone Number
Nmme (lured)
Signatme Date
APPROVAL - AGENCY
I certify that the information provided above a accwate and rgnesems actual costs inaored
by this agency.
Nmme(ryped I
Signahue Date
APPROVAL - FIELD DIVISION (ASAC/SAQ
Nmme(1}ped) I
Signature I Date
APPROVAL -RESOURCE MANAGEMENT BRANCH
Nmme (Typed) I
Sigomm Date
Total invoice $ 0.00
Please refer to individual overtime ledger(s) for detailed amounts
Officer Naine (First and Last) Officer Agency Job Title
Officer Overtime Total
Clear Fields
Print Form
Reviewed by. REECEMER
25- DIV-123-AFF $ 0.00
Lirt�al and Dal, Invoice Nmnber Amotmt Paid
Dffie SubmitedtoPa}tnedP'oce g
Revised Oct 2024
U.S. Department ofJustice
Bureau of Mcohouzbac A Firearm .zdaNka.
State, l,ocal « "bal Law Enforcement
Overtime Ledger
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Comments
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U.S. Department of Justice - BVSTRUCTIONS-
Bureau of Alcohol, Tobacco, Firearms and Explosives Local, County or State Law Enforcement- Overtime Ledp
MOA NUMBER
AGENCY
DIVISION
FIELD
POSITIO
FIRST NAME
LAST NAME
SUMMARY OFACTIVITIES
INVOICE DATE WORKED
ATF CASE
IIOURS
RATE
LINE TOTAL
OFFICE ORG
N TITLE
U)
(2)
(3)
(4)
00
(6)
(l)
In)
(9)
(1U)
(11)
(12)
(i i)
(14)
1 20-CHI-360-AFF
North Chicago Police Department
Chicago
772010
TFO
Michael
Ditka
Surveillance
19.1031
02-Oct-20
772010-19.0089
2.50
59.24000
$ 148.10
2 20-CHI-360-AFF
North Chicago Police Department
Chicago
772010
TFO
Michael
Ditka
Report writing
19.1031
03.Oct-20
772010-19.0090
1.00
59.24000
$ 59.24
3 20-CHI-360-A(T
North Chicago Police Depatment
Chicago
772010
TFO
Michael
Ditka
Surveillance
19.1031
04-Oct-20
772010-19.0091
4.00
59.2,4000
$ 236.96
4 20-CIII-360-AFF
North Chicago Police Department
Chicago
772010
TFO
Michael
Ditka
Search warrant
19.1031
05.Oct-20
772010-19-0092
3.00
59.24000
$ 177.72
5 20-CI11-360-AFF
North Chicago Police Deportment
Chicago
772010
TFO
Michael
Ditka
Report writing
19.1031
06.Oct-20
772010-19-0092
2.00
59.24000
$ 11948
6 20-0HI-360-AFF
North Chicago Police Department
Chicago
772010
TFO
Michael
Ditka
T-111 shift
19.1031
07.Oct-20
772010-19-0014
2.00
59.2,4000
$ 118.48
7 20-CHI-360-AFF
North Chicago Police Department
Chicago
772010
TFO
Michael
Ditka
'r-III shift
19.1031
08.Oct-20
772010-19.0014
1.00
59.24000
$ 59.24
8 20-CIII-360-AFF
North Chicago Police Department
Chicago
772010
TFO
Michael
Ditka
'r-III shill
19.1031
09.Oct-20
772010-19.0014
6.50
59.24000
$ 385.06
9 20-CHI-360-AFF
North Chicago Police Department
Chicago
772010
TFO
Michael
Ditka
T-III shi Il
19.1031
10.Oct-20
772010-19.0014
4.25
59.24000
$ 251.77
10 20-C111-360-AFF
North Chicago Police Department
Chicago
772010
TFO
Michael
Ditka
T-1I I shi 11
19.1031
11.Oct-20
772010-19.0014
4.75
59.24000
$ 281.39
AU writ conVlea d during a .spit .dtift r111INT be nolahzl in the wnun nts section below,
Comments:
LEDGER INSTR JCTIONS:
(1)
MOANUMBER
MOA Number Assigned to the Agency
(2)
AGENCY
Officer's Current Employer (Enter agency name)
(3)
DIVISION
ATF Field Division the Officer is Assigned to(&lectfrom drop -down list)
(4)
FIELD OFFICE ORO CODE
A'IT% Field Office Organiz-, ion Code the Officer is Assigned to (&1w1from drop ebwn list)
Officer Position Title with ATF (Select from drop -down list):
TFO - An office who is formally assigned, on a full-time basis, to an ATF task force and has been deputized by
(5)
POSITION TITLE
the USMS
SD- An officer who is formally assigned, on a part-time basis, to an ATFtask force, and has been deputized by
die USMS
N/A- Officer is to select NIA if he/she is not a TFO or S D
(6)
FIRSTNAME
Officer's First Name
(7)
LASTNAME
Officer's LastNane
(8)
SUMMARYOF ACTIVITIES
Activity Officer Worked inOvertime (Selectfromdropdownlisl)
Month overtime was Incurred (Select from drop -down list)
(9)
INVOICE
Date Format: yy-mmdd (i.e. 20.1031)
(10)
DATE WORKED
Day Overtime was Insured
Date Format: dd-nhmm-yy (i.e. 02-OCT-16)
(11)
ATFCASE
ATF 12 Digit Case Number (i.e.772010-15.0089)
(12)
HOURS
Number of Hours Worked in Overtime (2 decimal spaces)
(13)
RATE
Officer's I louriy Overtime Rate (5 decimals spaces)
(14)
LINETOTAL
flours*Rate (2decimalspaces)
SlRnaw" - ofter
MONTH TOTAL 1$ 1,83644
Date
Signatum - ATF Tape r4wr DwW
ATe• -0400.2n
Inrhnbn R-iwd 0&b.2019
. �vsrRucno�'
;er
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��• U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Washington, DC 20326
www.atfgov
MEMORANDUM OF AGREEMENT
Between the
Bureau of Alcohol, Tobacco, Firearms and Explosives
and
Oakland County Sheriffs Office
fo r
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 reimbursement of overtime
salary costs and other costs, with prior ATF 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.
DURATION OF THIS MEMORANDUM OF AGREEMENT
This MOA is effective with the signatures of 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:
I . 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 ATF 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 -Federal
parties.
This Memorandum of Agreement (MOA) is not a funding allocation document.
III. 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.
IV. NAME OF JOINT OPERATIONY TASK FORCE (if applicable)
The name of this joint operation/task force: ATF TASK FORCE
V. CONDITIONS AND PROCEDURES
A. The Oakland County Sheriff's 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.
B. The Oakland County Sheriffs 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 Sheriff's Office shall also provide the name of the
official responsible for providing audit information under paragraph VI of this
MOA, and the name of the official authorized to submit an invoice to ATF under
paragraph V, subparagraph E.
C. 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 wants the Electronic Funds Transfer (EFT) payment deposited
for reimbursement. The mechanism for this 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 ATF field office address:
ATF, ATTN: GS David Salazar, 1155 Brewery Park Blvd., Suite 300, Detroit, MI
48207
D. The Oakland County Sheriffs Office may request reimbursement for payment of
overtime expenses and 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 members of a joint operation/task force with ATF for
the purpose of conducting an official investigation.
E. 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 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 reimbursable
payments, together with the appropriate documentation, to ATF by the 1 Oth 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
1 Oth 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, ATTN: GS David Salazar, 1155 Brewery Park Blvd., Suite 300,
Detroit, MI 48207, David.SalazarJr@atf.gov
G. The ATF Supervisor shall be responsible for certifying that the request is for
overtime expenses incurred by the Oakland County Sheriffs 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.
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 enforcement officers cannot exceed the fiscal
year reimbursement cap, which is the equivalent of 25 percent of a GS-12, Step -I
salary. Sworn law enforcement 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 ATF 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
(OCDETF) or High Intensity Drug Trafficking Area (HIDTA), cannot exceed the
fiscal year salary cap when all funding is combined; it is the RAC/GS's
responsibility to ensure that the officer does not receive double funding in excess of
the fiscal year cap.
L. The ATF supervisor will forward all approved reimbursement requests to the
Division Chief, Asset Forfeiture & Seized Property Division for payment.
M. This document (MOA) does not obliSate 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 332.
If available, funding allocations for reimbursement of expenses will be transmitted
through a separate document.
VI. 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. 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 Government agreement between ATF and the Oakland County Sheriff's
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 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.
F. Failure or delay on the part of any Party to exercise any right, remedy, power 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.
Digitally signed by
•41 1- �CRAIG KAILIMAI
Date: 2022.09.12
, .«., o 01
Michael Bouchard Paul Vanderpiow
Sheriff Special Agent in Charge
Oakland County Sheriff's Office Detroit Field Division
ATF
Date: Date:
H O R Digitally signed by IHOR
KOLCIO
KOLCIO Date: :14 0��'
Eric M. Lippold
Deputy Chief Financial Officer
Office of Management
ATF
Date: