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HomeMy WebLinkAboutCOM 0108.010 2022-2024Mitchell D. Roth Mayor DATE: TO: VIA: FROM: RE: County of Hawaii POLICE DEPARTMENT 349 Kapiolam Street • Hilo, Hawaii 96720-3998 (808)935-3311 s Fax(808)961-2389 August 21, 2023 HEATHER KIMBALL, COUNCIL CHAIRWOMAN AND COUNCIL MEMBERS POLICE CHIEF NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 23-50, SECTION 7(1) Benjamin T. Moszkowicz Police Chief Reed K. Mahuna Acting Deputy Police Chief 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): 2023 -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, 2023 to August 31, 2024 Purpose of Grant: To fund operations & decrease illegal tobacco sales to minors. Is final report required by grantor? Yes ❑ No Notification attached: Yes ❑ No, because "Hawai'i County is an Equal Opportunity Provider and Employer" Comm.No. Ref. To: Ref. Oate-3EL - STATE QFHAWAII DEPARTMENT OFHEALTH MEMORANDUM OFAGREEMENT This Memorandum ofAgreement (hereinafter °yNOA")'executed on the respective date ofthe signatures ofthe parties shown hereafter, iaeffective as of September 01, 2023 . between the DEPARTMENT OF HEALTH. Division,Alcohol and Drug Abuse STATE OF HAWAII (hereinafter "STATE"), by its Acting Administrator, (hereinafter "CH|EF"),and County of Hawaii, Hawaii County Police Department, (hereinafter "CONTRACTDR").a Government Entity , under the laws of the State of Hawaii, whose business address and taxpayer identification numbers are 8sfollows: 3998; Federal Tax ID # 99-6000567; State Tax ID # N/A. RECITALS A. The STATE iainneed ofthe goods orservices, nrboth, described inthis MOA and its attachments. The CONTRACTOR isagreeable tnproviding the goods and services. B. This MOA isfor (check one box\: [ lM\anemergency procurement ofgoods and services; [ �(2)asmall purchase procurement ofgoods and services; nr [X] (3)aprocurement expenditureofpublic funds for goods and services that iaexpressly exempt from public bidding bv section 103D-1 02(b), C. Money is available tofund this MOA hlthe following amounts: (1) State $16,000.00 DO general or l special (2) Federal NOW, THEREFORE, in consideration of the promises contained in this MOA, the STATE and the CONTRACTOR agree oefollows: Scope of Services. The CONTRACTOR shall, inaproper and satisfactory manner oedetermined bvthe 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 ofthe CONTRACTOR under this MOA shall becompleted inaccordance with the Time Schedule set forth inAttachment 2.which iShereby made opart ofthis MOA. DOH REF. NO. 1 Form QOM'K4OA(3/88) 3, Compensation. The CONTRACTOR shall becompensated in accordance with the Compensation and Payment Schedule set forth in Attachment 3, which is hereby made a part of this MCA. 4. 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. |NVIEW DFTHE ABOVE, the parties execute this MOA bytheir signatures, on the dates below, to be effective as of the date -first above written. STATE By Print Na o�hhn Valera Title Administrator Print Name f Title Date DOH REF. NO. 2 Form DOH -MOA (3/9O MEMORANDUM OF AGREEMENT 2023 -PB -003 PERIOD OF PERFORMANCE: 09/01/2023 TO 08/31/2024 0""M ITCH ELL D. ROTH MAYOR DEPUT-VC00ORATION COUNSEL "Ig lll l DATE DATE Attachment 1 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 ("CONTRACTOR") 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: a. 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; three (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; each operation shall consist of the deployment of teams made up of two (2) police officers, a minimum of one (1) youth volunteer, and a minimum of one (1) adult staff; 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; d. 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; and, DOH REF. NO. 2023 -PB -003 3 Form DON -MOA (3198) e. Provide the STATE with timely information on dates of operations, number of sites inspected, and citations issued. The STATE, through a separate agreement with UH shall: and, a. Recruit and train youth and adult volunteers to assist the CONTRACTOR b. Provide information to the CONTRACTOR on names and locations of retail outlets selling tobacco products in Hawaii County. DOH REF. NO. 2023 -PB -003 4 Form DOH -MOA (3/98) Attachment 2 TIME OF PERFORMANCE The CONTRACTOR shall provide the services required under the MOA from September 1, 2023 to and including August 31, 2024, unless this MOA is extended or sooner terminated as hereinafter provided. DOH REF. NO. 2023 -PB -003 5 Form DOH -MOA (3/98) Attachment 3 Upon receipt of a signed memorandum of agreement and a purchase order the CONTRACTOR shall invoice the STATE monthly for costs associated with the project, not to exceed SIXTEEN THOUSAND AND NO/I 00 DOLLARS ($16,000.00) for the total amount of the MOA. The final invoice must be submitted to ADAD no later than September 30, 2024. All invoices shall be sent to the Hawaii Department of Health, Alcohol and Drug Abuse Division, 601 Kamokila Boulevard, Suite, 360, Kapolei, Hawaii 96707. DOH REF. NO. — 2023 -PB -003 6 Form DOH -MOA (3/98) Attachment 4 OTHER TERMS AND CONDITIONS Amendment Procedures. This Agreement may be amended through mutually agreeable written statements. Campaign Contributions by State and County Contractors. Contractors are hereby 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 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. 2023 -PB -003 7 Form DOH -MOA (3/98)