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Home My WebLink AboutCOM 0228.018 2020-2022 V OF Mitchell D.Roth Paul K.Ferreira Mayor Police Chief Kenneth Bugado Jr. Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street Hilo,Hawaii 96720-3998 (808}935-3311 Fax(808)961-8865 DATE: August 2, 2021 TO: MAILS DAVID, COUNCIL CHAIRWOMAN AND COUNCIL MEMBERS VIA: KAY ITROLLER FROM: L K. FERRE , POLICE CHIEF RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 20-45, SECTION 7(1) Name of Grant Program: Tobacco Sales to Minors Project Grantor: State of Hawaii Department of Health, Alcohol and Drug Abuse Division County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): 2022-PB-003 Amount of Grant: $16,000.00 Amount of County Match: none County Revenue & Expenditure Account Numbers: 010.201.5216.42:3305.74 Grant Period (Commencement &Completion): Sept. 1, 2021 to August 31, 2022 Purpose of Grant: To fund operations & decrease illegal tobacco sales to minors. Is final report required by grantor? R Yes ❑ No Notification attached: k Yes ❑ No, because Comm. No.- Ref.To: t� "Hawaii County is an Equal Opportunity Provider and Employer" Ref. Date 1 0 2o2 i STATE OF HAWAII DEPARTMENT OF HEALTH MEMORANDUM OF AGREEMENT This Memorandum of Agreement(hereinafter"MOA"),executed on the respective date of the signatures of the parties shown hereafter, is effective as of September 01,2021 , between the DEPARTMENT OF HEALTH, Alcohol and Drug Abuse Division.STATE OF HAWAII (hereinafter"STATE"), by its Acting Administrator, (hereinafter"CHIEF"), and County of Hawaii, Hawaii County Police Department, (hereinafter"CONTRACTOR"), a Govemment Entittir ,under the laws of the State of H w il,whose business address and taxpayer identification numbers are as follows: 349 Kagiolani Street, Hilo, Hawaii, 96720- 3998: awaii96720- 3998: Federal Tax ID#99-6000567:State Tax ID#NIA. RECITALS A. The STATE is in need of the goods or services,or both, described in this MOA and its attachments. The CONTRACTOR Is agreeable to providing the goods and services. B. This MOA is for(check one box): [ j(1)an emergency procurement of goods and services; [ j(2)a small purchase procurement of goods and services;or [Xj(3)a procurement expenditure of public funds for goods and services that is expressly exempt from public bidding by section 103D-102(b), HRS. C. Money is available to fund this MOA in the following amounts: (1)State $16.000.00 [X]general or[ j special (2)Federal$ NlA NOW,THEREFORE,in consideration of the promises contained in this MOA,the STATE and the CONTRACTOR agree as follows: 1. Scope of Services. The CONTRACTOR shall, in a proper and satisfactory manner as determined by the STATE, provide all the goods and services set forth in Attachment 1,which is hereby made a part of this MOA. 2. Time of Performance. The performance required of the CONTRACTOR under this MOA shall be completed in accordance with the Time Schedule set forth in Attachment 2,which is hereby made a part of this MOA. DOH REF.NO. 2022-PB-003 ! Form DOH-MOA(3198) 3. Compensation. The CONTRACTOR shall be compensated in accordance with the Compensation and Payment Schedule set forth in Attachment 3,which is hereby made a part of this MOA. . Other Terms and Conditions. Any other applicable terms and conditions set forth in Attachment 4, if attached, is hereby made a part of this MOA. IN VIEW OF THE ABOVE,the parties execute this MOA by their signatures,on the dates below,to be effective as of the date first above written. STA Z�'- By Print Name Title t tit t Date 1 1 CO RACT By Print Name Paul K. Ferreira Title Police Chief Date DOH REF.NO. 2022-PB-003 2 Form DOH-MOA(3198) COUNTY OF HAWAlk In lal- MITCH VL D. ROTH DATE ivAYOR APPROVED AS TO FORM & LEGALITY: DEPUTY CORDO 4 DATE Attachment I SCOPE OF SERVICES This Memorandum of Agreement sets forth the responsibilities and finances for a cooperative agreement between the County of Hawaii,Hawaii County Police Department ('WNTRACTO W')and the Department of Health,Alcohol and Drug Abuse Division,State of Hawaii("STATE")to enforce Section 712-1258 Hawaii Revised Statues,the state law prohibiting tobacco sales to minors. 1. The CONTRACTOR shall: & In collaboration with the University of Hawaii,Office of Public Health Studies("UH")conduct a minimum of six(6)enforcement operations using plain clothes officers to observe tobacco purchase attempts by minor volunteers and cite retail store personnel who are found making illegal sales to minors;dim(3)of the above operations should be concentrated in East Hawaii County and the other three(3)operations to be concentrated in West Hawaii County, b. Establish procedures to orient and supervise youth and adult volunteers to ensure their safety and compliance with operational procedures; C. Assign planning and supervisory staff to the project to ensure that operations are carried out in accordance with state law and the Hawaii County Police Department procedures;and, CL Provide the STATE with timely invoices on dates of operations,officer names,base salary rate,overtime-hourly rate,and overtime pay charged to this Agreement. e. Provide the STATE with timely information on dates of operations, number of sites inspected,and citations issued. DOH REF.NO. 2022-PB-003 3 Form DOH-MOA(3/98) The STATE,tbrough a separate agreement with UH shall: a. Recruit and train youth and adult volunteers to assist the CONTRACTOR and, b. Provide information to the CONTRACTOR on names and locations of retail outlets selling tobacco products in Hawaii County. DOH REF.NO. 2022-PB-003 4 Form DOH-MOA(3198) attachment 2 TIME OF PERFORMANCE The CONTRACTOR shall provide the services required under the MOA from September 1,2021 to and including August 31,2022,unless this MOA is extended or sooner terminated as hereinafter provided. DOH REF.NO.—2022-PB-003 8 Form DOH-MOA(3/98) Attachment 4 OTHER TERMS AND CONDITIONS Amendment Procedures. This Agreement may be amended through mutually agreeable written statements. QMplign Contributions by State and Countyare ere Contractors. Contractors h by notified of the applicability of Section 11.205.5,HRS,which states that campaign contributions are prohibited from specified State or county government contractors during the term of the contract if the contractors are paid with funds appropriated by a legislative body. Option to Extend. Unless terminated,this MOA may be extended by the State for a specified period of time not to exceed one(1)year or for not more than one(1)additional twelve (12)month period upon mutual agreement and the execution of a supplemental agreement. The MOA price may be adjusted at the beginning of the extension period and shall be subject to allotment and availability of special funds. Counterparts and Electronic Signatures.This Contract may be executed in counterparts and by facsimile or any electronic means,each of which shall be an original instrument and all of which shall together constitute one and the same agreement and shall be fully binding and effective for all purposes. DOH REF.NO. 2022-PS-003 7 Form DOH-MOA(3/98)