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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 Age-y FieldDivimion jtgOode AITNdtionTitle FirstNanse LustNunie Nun_ry#Activities ._wn.wAar MIT Case Il Rate LiMI ! ! - z ! - 3 ! - 4 ! - , ! - 6 ! - 7 ! - , ! - , ! - 10 ! - !1 ! - !z ! - 1, ! - 14 ! - 1! ! - 16 ! - 17 ! - 18 ! - 1, ! - :, ! - !1 ! - !z ! - „ ! - 24 ! - !, ! - !, ! - 2 ! - !E ! - 5 ! - z ! - ,1 ! - mc�! - Comments Skmalure -( _ Mile ,_nwJ we»_ter Ie 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 Row,daodo209 ��• 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: