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Home My WebLink AboutCOM 0862.000 1998-2000 M~'r.~ /yam 4.4..1' •-'~I' Stephen K. Yamashiro Dixie Kaetsu Mayor Acting Director :r•. S. K. Schutte ?+i'i'M~'e~ o Deputy Couutp of T"abiaii DEPARTMENT OF FINANCE 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720-4252 (808) 961-8234 • Fax(808)961-8248 - July 12, 2000 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street - Hilo, Hawaii 96720 Re: Operating Budget: Enclosed is a bill for an ordinance appropriating an $20,000 that the Hawaii County Police Department received for the Organized Crime Drug Enforcement Task Force grant. These funds will be used for overtime and travel costs incurred by deputized officers during special investigations and prosecutions. Also enclosed is a resolution authorizing the Mayor to enter into an agreement with the Department of Justice. If there are any questions, please do not hesitate to call the Police Department. Dixie Kaetsu Acting Director of Finance APPROVED: Stephen K~o Mayor Enc. ~,',I/ .2. '7! 0rin,n. No. Mile No. Ref. To: Ref. Date 'u 1 7 20W Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: POLICE DATE: 7/10100 STAFF CONTACT: GARY MAESATO. BUSINESS MANAGER PHONE: 961-2274 A. REOUEST: To appropriated an additional $20,000.00 under the °OCDEFT", account number 010-201-5219.63-115. To enter into a contract with the U.S. Department of Justice Drug Enforcement Administration to provide an OCDEFT Grant. B. BACKGROUND & JUSTIFICATION(USE ADDITIONAL SHEETS AS NEEDED): The Hawaii County Police Department would like to enter into a contract with the U.S. Department of Justice Drug Enforcement Administration entitled "OCDEFT Grant." This contract will provide funds for overtime and travel costs incurred by deputized officers during special investigations and prosecutions. SIGNED: DATE:Z l ES S. CORREA DEPUTY POLICE CHIEF ACTING POLICE CHIEF ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES Agreement FOR THE USE OF THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM Date of Request: 06-07-1111 Federal Tax Identification DC Amount Requested: OCDETF Investigation Number: -PA-W- $ _20,000 Federal Agency Investigation Number of Officers Listed: 9 Number: R4-00-0045 From: _06-07-00 State or Local Agency Name and Address: Beginning Date of Agreement To: -Termination of case- -Hawaii County Police Department Ending Date of Agreement 349 Kapiolani Stree[ State or Local Agency -Hilo, Hawaii 96720 Contact Person: _Lt. Henry Tavares Telephone Number: 808-961-2253 Sponsoring Federal Agency(ies): Drug Enforcement Administration This agreement is between the above named State or local law enforcement agency and Organized Crime Drug Enforcement Task Force. This agreement shall be effective when signed by an authorized State or local agency official, the sponsoring Federal Agency Special Agent-In- Charge and Agency OCDETF Coordinator, and the Assistant United States Attorney OCDETF Coordinator. 1. It is agreed that the State or local law enforcement officers named on this agreement will assist in Organized Crime Drug Enforcement Task Force investigations and prosecutions as set forth in the Organized Crime Drug Enforcement Task Force. Guidelines, November 1997. 2. The State/local law enforcement agency agrees to provide experienced drug law enforcement officers who are identified in this agreement to work on the specified OCDETF investigation. Any change in law enforcement officers assigned must be agreed to by all approving officials. Agreement (Jan. 99), Paea I. 3. Officers who are not deputized shall possess no law enforcement authority other than that conferred by virtue of their position as a commissioned officer of their parent agency. 4. Officers who are deputized may possess Federal law enforcement authority as specified by the agency affording the deputation. 5. Any State or local officers assigned to an OCDETF investigation in accordance with this agreement are not considered Federal employees and do not take on the benefits of Federal employment by virtue of their participation in the investigation. 6. The OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation will provide to assigned State/local officers the clerical, operational and administrative support that is mutually agreed to by the parties to this agreement. 7. The U.S. Department of Justice will reimburse the agency for approved overtime costs and authorized travel and per diem expenses for law enforcement officers assigned to the specified OCDETF investigation. The agency is responsible for paying its employees for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. Analysis of reimbursement claims by the Task Force may result in a modification of the obligation of funds contained within this agreement as well as the time period covered. The agency affected by any such modification will be telephonically advised at least (30) days in advance with follow-up confirmation in writing. Overtime payments, in any event, may not, on an annual per person basis, exceed 25% of the current GS-10, Step 1 Federal salary rate in effect at the time the overtime is performed. The State/local agency is responsible for ensuring that this annual payment is not exceeded. The field office of the sponsoring Federal agency and the Federal Agency OCDETF Coordinator will also monitor these payments. 8. In no event will the State/local agency charge any indirect costs for the administration or implementation of this agreement. 9. The State/local agency shall maintain complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions required by the OCDETF to facilitate inspection and auditing of such records and accounts. 10. The Statedocal agency shall permit and have readily available for examination and auditing by representatives of the OCDETF, the sponsoring Federal agency(ies), the U.S. Department of Justice, the Comptroller General of the United States, and/or any of their duly authorized agents and representatives, any and all records, Agreement (Jan. 99), Pete 2. documents, accounts, invoices, receipts, or expenditures relating to this agreement. In addition, the agency will maintain all such foregoing reports and records until all audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is sooner. 11. The State/local agency will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF agreements pursuant to the regulations of the Department of Justice (see, e.g., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) issued pursuant to Title VI relating to discrimination on-the grounds of race, color, sex, age, national origin or handicap. 12. This agreement may be terminated by any of the parties by written notice to the other parties thirty (30) days prior to termination. Billing for outstanding obligations shall be received by the OCDETF within thirty (30) days of the termination. This agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal agency and the State or local law enforcement agency. They are, therefore, subject to modification by the OCDETF based upon the progress and needs of the OCDETF investigation. Additionally, resources are contingent on the availability of funds. Approved By: Wayne G. Carvalho Police Chief 6/21/00 Authorizer) State or Local Official Title Date Approved By: Sponsoring Federal Agency Special Agent in Charge Date Approved By: Sponsoring Federal Agency OCDETF Coordinator Date Approved By: Assistant United States Attorney OCDETF Coordinator Date Funds are encumbered for the State/local Agency overtime costs and authorized expenses specified above. Accepted By: Fsecutiee Oftwe for OCDETF Date Agreement (Jan. 99), Page 3. ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM State or Local Agency: Hawaii County Police Department OCDETF Investigation [Number: PA-HI- The law enforcement officers listed below are provided to assist with the above identified OCDETF investigation. Any modification of the list of law enforcement officers must be agreed to in writing by all of the parties to this agreement, made a part of this agreement, and forwarded to the Executive Office for OCDETF. NAME TITLE/RANK DOB 1. Henry TAVARES Lieutenant 07-12-62 2. Benton BOLOS Detective 05-04-60 3. Marshall KANEHAILUA Detective 11-10-66 4. Burt SHIMABUKURO Detective 08-09-57 5. Harold SUMAOANG Detective 07-04-61 6. Steven CORREIA Police Officer III 11-07-62 7. Paul FUKUDA Police Officer III 11-16-59 8. Robert HIRONAKA Police Officer III 12-23-63 9. Lucille MELEMAI Police Officer III 11-05-61 (If additional Personnel are to be deputized photocopy this page and insert in the request.) Agreement (Jan. 99), Page 4. IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed. RECOMMENDED APPROVAL COUNTY OF HAWAII a WAYNE CARVALHO STEPHEN K. Y SH1RO Police Chief Its Mayor APPROVED AS TO FORM AND LEGALITY: K- C`'~ QVMrporation Counsel STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this day of Shy 2000, before me personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of the said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3 (g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. JEA VIERNES Notary Public, State of Hawaii My commission expires: 11/1/2001