HomeMy WebLinkAboutCOM 0369.000 1996-1998 Mtv or
°°.,,c;- ' - - Wayne G. Carvalho
Police Chief
Stephen K. Yamashiro 1`1 2 3 h i'1 1 ~
Mayor "
James S. Correa
a+~ ••,~J G,C Deputy Pnlice Chief
cour`~ ~ ~ F i,;~~~~,~1
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POLICE DEPARTMENT
349 Kapiolani S[reet Hilo, Hawaii 96720-3998
(808) 9353371 Fax (808) 961-2702
June 23, 1997
The Honorable James Arakaki, Chairperson
and Members of the County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Councilman Arakaki:
SUBJECT: DOMESTIC CANNABIS ERADICATION/SUPPRESSION PROGRAM
(DCE/SP) LETTER OF AGREEMENT NO. 97-39
Enclosed is a resolution authorizing the Mayor to enter into an
Agreement with the United States of America for the above grant.
We request that this transmittal be sent directly to the
Council for its approval.
Should you have any questions, please feel free to call
Lieutenant Chadwick K. Fukui of our Vice Section at 961-2253.
Sincerely,
i'L~~ E~. C~a11~U
WA E G. CARVALHO
POLICE CHIEF
APPROVED:
STEPHEN HC.IYAMASHIRO
MAYOR, C TY OF HAWAII
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Attachment , 11ln ~ c:~. x~. 3~9
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AARON S.Y. CHUNG ~~,L`~. Phone (808) 96]-8396
Counnlrnrrnbi~r ,tT ~ PAX: (808) 969-3291
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~lF OF~N~'~
COUNTY COUNCIL
Counl~ of Ffaeoaii
Hazunii Cour~h~ Building
25 Aupuni Strcet
Hilo, Haroaii 96720
June 23, 1997
Council Chair James Y. Arakaki
Hawaii County Council
Hilo, Hawaii 96720
RE: Attached Resolution
Pursuant to Section 1(e) of Rule 4 of the Rules of Procedure of the Council of the County
of Hawaii, this written approval is submitted in regard to Resolution No. 116 ~ relating to
a Marijuana Eradication Grant, waiving said referral from the Committee on Finance in
order that appropriate action can be taken by the Council.
In reviewing the contents of the referral, it is deemed advisable that such a waiver be
granted.
C,
Aaron S.Y. Chdn , Chairm
g
Committee on Finance
Approved:
i
J Y. Arakaki, Chairman
Ha aii County Council
]c
U.S. Departrt of Justice
�J
'97 JUN 6 PM 1 yo Drug Enforcement Administration
Washington. D.C. 20537
Agreement Number: 97-39
AGREEMENT
This agreement is entered between the HAWAII COUNTY POLICE
hereinafter referred to as the HCP and the DRUG ENFORCEMENT
ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF JUSTICE,
hereinafter referred to as DEA, with a reference to the
following:
There is evidence that trafficking in controlled substances
exists and that such illegal activity has a substantial and
detrimental effect on the health and general welfare of the
people of the State of HAWAII. The parties hereto agree that it
is to their mutual benefit to cooperate in locating and
eradicating illicit cannabis plants and in the investigation and
prosecution of cases before the courts of the United States and
the courts of the State of HAWAII involving controlled
substances. The DEA, pursuant to the authority of 21 USC 873 ,
proposes to provide certain necessary funds and the HCP is
desirous of securing funds.
NOW, therefore, in consideration of the mutual covenants
hereinafter contained, the parties hereto have agreed as follows :
1. The HCP, will, with its own law enforcement personnel
and employees, as hereinafter specified, perform the activities
and duties described below:
A. Gather and report intelligence data relating
to the illicit, possession and distribution
of marijuana.
B. Investigate and report instances involving
the trafficking in controlled substances .
-2-
C. Provide staffing of law enforcement personnel for the
eradication of illicit marijuana located within
the State of HAWAII.
D. Arrest and bring to prosecution defendants
charged with violation of the controlled
substance laws. •
E. Send required samples of eradicated marijuana to the
NIDA marijuana Potency Monitoring Program.
It is understood and agreed by the parties to this agreement that
the activities described in sub-paragraphs A, B, C, D, and E
above, shall be provided with the existing personnel and that the
scope of the HCP program with respect to those activities by such
personnel, shall be solely at the HCP discretion, subject to
appropriate limitations contained in the budget adopted by the
HCP.
2 . DEA will pay to the HCP the amount of One hundred and
ninety five thousand dollars ($195,000) for the period of JANUARY
1, 1997 to DECEMBER 31, 1997 to defray the cost relating to . the
eradication and suppression of illicit marijuana. It • • is
explicitly understood and agreed that Federal funds provided- to
the HCP under this agreement may not be used to defray costs
relating to herbicidal eradication of marijuana without the
advance written consent of DEA.
The expenses shall include payment of deputies '/officers '
overtime, salary and overtime of reserve officers during the
period of time they are engaged in the eradication process, and
per diem as appropriate, as well as other direct costs such as
purchases of expendable equipment, rental of equipment and
vehicles, and fuel for vehicles and aircraft and minor repairs
and maintenance necessitated by their use. These funds shall not
be used for the purchase of non expendable equipment defined as
property having a useful life of more than one year and all
purchases with an acquisition cost of $300 or more per unit or an
aggregate cost of $1, 000 must have verbal approval from the DEA
DCE/SP coordinator. In the event DEA approves the purchase of
nonexpendable equipment that costs $1, 000 or more per unit for
the use by the HCP personnel pursuant to this Agreement, DEA may
elect to claim DEA ownership of this equipment at the end of the
period of this Agreement, or DEA may at its discretion, allow the
HCP to retain ownership of the equipment for its future use in
accordance with applicable federal rules and regulations.
Payment by DEA to the HCP will be in accordance with a schedule
determined by DEA and said payment will be made pursuant to the
•apa1c TeosT; pa;Tpns S ,uoTgpzTuebao
waTdToaa aq; ;o asoTo aq; as;;e sgluow (ET) uaagaTgq
uegq aaleT ou paggTuigns aq gsnui sgTpne quanbasgns • ;aodaa
;Tpnp aq; gpTM pallIwgns aq gsnui aaggaT quawabpupw aqy •papuawp
ao panoadde ATTauT5T.zo SP poTaad papmp aaTlua buTaanoo
a a;gpa.zagq aIoAo ;Tpnp gopa pup (--a,717) upgq aagpT ou pat;Twgns
aq lsnw laodaa 1Tpne aqy • ( L6JZI ) 01 ( L6 T ) sT luawaaTnbaa
3Tpne aIbuts aq; aapun palTpne aq oq A Tqua quawuaanob
TpooT ao alp;s aq; go poTaad gaodaa gtpnp aqq 'p.zphe aqq
go a;pp buTuuTbaq aq; qmM uoTlounCuoo uI „ •squawuaano0 TpgoZ
pup a;pts 3o slTPnYu '8Z-E-V /pulp/To awo ;o squawaaTnbaa gTpnp
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pup pagaTduoo aae suoTleuTwexa pup sgTpne TIP IT4un spaooaa
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Tip pup Aup 'saATTequasaadaa pup squabe pazTaotpnp ATnp
aTagq 3o Aup ao 'sagp4s pagTun aql 3o Tieaaua0 aaItoa4dwoo alp
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pup suoTgp5TTgo TTp go spaooaa sqT uTpquTpw aagpan3 TTegs dog
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pup SMET a3egs TTM aouepaoo3E uT put atdTouTad buTlun000e
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va go saangTpuadxa pup SuoTgp&TTgo TTp 3o squn000p pup spaooaa
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gsTTgpgsa quawaaaby situ TTTM aou 'asodand Aue ao3 tzoTgsa4sTuTwpy
luawaoao;u3 bnaa aqf ao wawuaano0 salPgS palTun aqf 3o SaaAotdma
paaapTsuoo aq aWT1 ou le Tregs dog aqq go saaAotdma • E
•:uamnoop quaTpnTnba ao '"aodag sngegs
Tetou'uTd '69Z X03 pa'pu'4S E u0 pa3aodaa aq TTTM saanlTpuadxa
asagy •asodand amps stg4 ao; sluawaaaby snoTnaad go spoTaad etp
buTanp Aouabe A unoo/agp3s sTtp oq pTpd spun; TTP go saanlTpuadxa
at4 3o buT4un000e up uoTloe3st;ps 5.4T oq panTaoaa spq Va TTPun
wauiaaaby sTgq aapun Aouabp Aqunoo/agpgs a 04 V3a Aq pied aq ttTM
spun; ou 'aanaMoH •va Aq amps go gdTaoaa pup 'luawasangwTag ao
aoupnpv ao3 gsanbag 'OLZ X03 pappuels a go dog etp Aq uoTgnoaxa
-£-
-4-
The submission of the audit report shall be as follows :
When the Department of Justice (DOJ) is the cognizant agency:
An original and one copy of the audit report shall be sent to:
DOJ Regional Inspector General for Audit
DOJ, San Francisco Regional Audit Office
Suite 201
1200 Bayhill Drive
San Bruno, CA . 94066
A copy of your audit transmittal letter addressed to the Regional
Inspector General, shall be sent to:
Audit Services
Office of the Controller
Office of Justice Programs
633 Indiana Avenue, N.W. , Room 942
Washington, D.C. 20531
When DOJ is not the cognizant agency:
An original and one copy of the audit report shall be sent to the
cognizant agency:
Also, a copy of the audit report shall be sent to:
DOJ Regional Inspector General for Audit
DOJ, San Francisco Regional Audit Office
Suite 201
1200 Bavhill Drive
San Bruno, CA 94066
A copy of your audit transmittal letter addressed to the Regional
Inspector General, shall be sent to:
Audit Services
Office of the Controller
Office of Justice Programs
633 Indiana Avenue, N.W. , Room 942
Washington, D.C. 20531
-5-
The recipient agrees to submit their corrective action plan with
the audit report to the DOJ Regional Inspector General for Audit,
when there are findings/recommendations disclosed in the audit
report. The corrective action plan should include: (1) specific
steps taken to comply with the recommendations; (2) timetable for
performance and/or implementation date for each recommendation;
and (3) description of monitoring to be conducted to ensure
implementation.
A Department of Justice Order requires the Office of Justice
Programs (OJP) to maintain a data base of all grants made by DOJ
components. DOJ Order 2900 . 8A (June 20, 1990) copy attached) .
To implement this requirement, OJP requires all DOJ components to
submit to it a completed form, "Grantee Information for Access, "
a copy of which is attached, for completion by the recipient.
The recipient acknowledges that failure to furnish an acceptable
audit as determined by the cognizant Federal agency may be a
basis for denial of future Federal funds and/or refunding of
Federal funds and may be a basis for limiting the recipient to
payment by reimbursement on a case basis.
7. Executive Order 12549
The participant agrees that an authorized officer or employee
will execute and return to the DEA State and Local Programs
Section, Washington, D.C. 20537, the attached OJP Form 4061/3,
"Certification Regarding Lobbying; Debarment, Suspension, and
other Responsibility Matters; and Drug Free Workplace
Requirements. " The participant acknowledges that this agreement
will not take effect and that no Federal funds will be awarded by
DEA until the completed certification is received.
8 . Disclosure of Federal Participation
In compliance with Section 623 of Public Law 102-141, the
recipient agrees that no amount of this Award shall be used to
finance the acquisition of goods or services (including
construction services) for the Project unless the recipient :
(a) specifies in any announcement of the awarding of the
contract for the procurement of the goods and services
involved (including construction services) the amount
of Federal funds that will be used to finance
the acquisition; and.
(b) expresses the amount announced pursuant to paragraph (a)
as a percentage of the total cost of the planned
acquisition.
-6-
The above requirements only apply to a procurement for goods or
services (including construction services) that has an aggregate
value of $500, 000 or more .
9 . It is further covenant and agreed that the HCP will hold
the DEA, its agents and employees and the United States
Government harmless from any and all claims, demands, suits,
liabilities and cases of action, of whatever kind and
designation, and where ever located in the State of HAWAII,
resulting from the Domestic Cannabis Eradication/Suppression
Program funded by DEA. The DEA acknowledges that the United
States is liable for the wrongful or negligent acts or omissions
of its officers and employees while on duty and acting within the
scope of their employment to the extent permitted by the Federal
Tort Claims Act, 28 USC Sections 1346 (b) , 2671, et seq.
10 . The HCP will comply with Title VI of the Civil Rights
Act of 1954 and with section 504 of the Rehabilitation Act of
1973, as amended, and with all requirements imposed by or
pursuant to the regulations of the Department of Justice (28 CFR
Part 42, Subparts C, D, and G) issued to those Acts relating to
discrimination on the grounds of race, color, creed, sex, age,
national origin or handicap and to equal employment
opportunities.
11 . Within sixty (60) days after termination of the
Agreement, the HCP will prepare Standard Form 269, Financial
Status Report, itemizing the breakdown of final expenditures.
This SF-269, along with a refund check for any unexpended funds
which were advanced by DEA, pursuant to this Agreement, will be
returned to DEA.
12 . Upon submission of the SF-269 to the State and Local
Programs Section (DOS) for the preceding year, a copy of the
general ledger and the underlying supporting documentation
reflecting the expenditures for equipment in excess of $1, 000 and
the expenses associated with the rental or leasing of vehicles or
aircraft must be attached.
13 . The duration of this Agreement shall be as specified in
Paragraph 2 . The terms of this Agreement may be terminated by
either party for good cause shown by notice in writing given to
the other party thirty (30) days prior thereof. All obligations
that are outstanding on the above prescribed termination date or
on the date of any thirty (30) day notice of termination shall be
liquidated by HCP within sixty (60) days thereof, in which event
DEA will only be liable for obligations incurred by the HCP
during the terms of this Agreement . In no event shall the HCP
incur any new obligations during the period of notice of
termination. The HCP shall return to DEA all unexpended funds
forthwith after the sixty (60) days liquidated period.
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Subject
Date
Grantee Information for ACCESS March 17, 1997
•
To From
Audit Services
Drug Enforcement Administration
•' State and Local Programs Section
H;'-!.!t::.' • ! ! i;
1. GRANTEE: Hawaii County of Hawaii Police '
e Department • i ,
349 Kapiolani Street . • 1 •
t �" ''
2. GRANTEE ADDRESS: ;
Hilo ' I i (Street.Address) � '
1 96720-3998
.
(City) w�
(State) ' (Zip Code)
97-39 , ' ' `
3. GRANT NO: . '
i
January'.. 1', 1997 - December 31, 1997 , '
4. GRANT PERIOD:
S. AUDIT REPORT PERIOD:
Department of Justice
6. COGNIZANT AGENCY:
! : 01
7. RECIPIENT TYPE: • AGENCY'.Ei i'' "'• 1 - 0
•• (Code) (Code)
8. REASON OR MEMO: • e''
(Check As Many Of The. Following As Apply) , �-1 :
a. New Grantee: 1.
b. New Award: , X
C. Change in Grantee Address:
d. Change in Award Period:
e. Change .in Audit Report Period:
f. Change in Cognizant Agency:
g. Other
(Specify) .
NOTE: ,
If ,submission is for a CHANGE ONLY (8c _ 8g) to information previously
submitted to Audit Services,' you will only need to complete Item 1 in Items 1 -
6 in addition to your change information.
(Attachment: Codes for Item 7 — Recipient Type and Agency Level)
*CODES: RECIPIENT Agency Level .
01 = Law Enforcement 03 - County
02 = State 04 = City
Approved by Office oI ..anagement and PAGE OF
REQUEST FOR ADVANCE Budget. No. 80-R0183
PAG
I.
�''"''"'" "
' '" 2. BASIS OF REQUEST
OR REIMBURSEMENT
TYPE OF (2 ADVANCE 0 REIMTaURSG 0 CASH
MEN
PAYMENT b. -X" A.4P4I4r1144 boo
(See instructions on back) REQUESTED
FINAL
3. FEDERAL SPONSORING AGENCY AND ORGANI}'IONAL ELEMENT TO a. FEDERAL GRANT OR OTHER 0 PARTIAL` PARTIAL PA❑YMENTRUAL REQUEST
WHICN THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED NUMBER FOR THIS REQUEST
NY FEDERAL AGENCY
DRUG ENFORCEMENT ADMINISTRATION 97-39
a. EMPLOYER IDENTIFICATION I. RECIPIENTS ACCOUNT NUMBER B. PERIOD COVERED BY THIS REQUEST
NUMBER OR IDENTIFYING NUMBER
FROM Ie,eatA.4r.Pw) TO ISA.da..I+w)
N/A N/A January 1, 1997 I December 31, 1997
S. RECIPIENT ORGANIZATION 10. PAYEE(Whore eAeeA is to M peat 4
dib«cal tAaw Supe,!)
•
N.,. N/A
Nemo , Hawaii County of Hawaii Police Dept.
C/O DEA
:i si« N.�,a« 300• Ala Moans Boulevard, Room 3129
watreet , Honolulu, Hawaii 96850
•s31.10.JtaCU,,.awe
wd SIP
a,.ZIP Cod*:
11. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED
(a) (b) (e)
PROGRAMS/FUNCTIONS/ACTIVITIES►
TOTAL
a. Total program (As of data)
outlays to date -4 195,000 $ $ $ 195,000
b. Less:Cumulative program income
c. Net program outlays (Lin. a mints
line b) 195,000
195,000
d. Estimated net cash outlays for advance
period
e. Total (Sum o/linea e&d) 195,000 195,000
f. Non•Fed eraI share of amount on line e
4. Federal share of amount on Ilne a 195,000 195,000
h. Federal payments previously requested
I. Federal share now requested (Lin. p
minty line h) 195,000 195,000
J. Advances required by 1st month 195,000 195,000
month, when request-
ed by Federal grantor
agency for use in mak-
2nd month
ing prescheduled ad-
vances
3rd month
12. ALTERNATE COMPUTATION FOR ADVANCES ONLY
a. Estimated Federal cash outlays that will be made during period covered by the advance
S
b. Less:Estimated balance of Federal cash on hand as of beginning of advance period
c. Amount requested (Line a minus lin.b) I
13. CERTIFICATION
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL. DATE REQUEST
I certify that to the best of my knowledge �'AA q�- SUBMITTED
and belief the data above are correct and yyL([J&.2. /�S C •. n 1)-
that all outlays were made In accordance l Few G�+I-Gla. Apfll 15, 1997
with the grant Conditions or Other agree. TYPED OR PRINTED NAME AND TITLE
ment and that payment is due and has not TELEPHONE (AREA
COOS NUMBER.
been previously requested. Wayne G. Carvalho EXTENSION)
Police Chief 808-961-2244
This space for agency use
2,:-102
STANDARD FORM 270(7-76)
Prescribed by Orrice of M Budget
Cir.No.A-110
J ......,, .
JAMES Y. ARAKAKI �,ti„'; AARON S.Y. CHUNG
Chairman&Presiding Officer •: " fC�•: BOBBY JEAN LEITHEAD-TODD
JOHN RAY
AL SMITH ;'J''>F oF.N:.=` JOSEPH REYNOLDS
Vice Chairman JOHN SANTANGELO,JR.
COUNTY COUNCIL J. CURTIS TYLER, III
County of Hawaii DOMINIC YAGONG
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
July 3, 1997 Re: C-369
TO: Honorable Stephen K. Yamashiro
Mayor, County of Hawaii
SUBJ: Res. 116-97: Marijuana Eradication Grant agreement;
Res. 117-97: Statewide Marijuana Eradication Program
audit
The Hawaii County Council at its meeting held Wednesday,
July 2, 1997, approved and adopted the above-mentioned
resolutions. These items were waived to the full
Council from the Finance Committee.
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Jam- ' . rakaki
Co ncil r airman
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cc: Finance Director
Police Department
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I.A.B. No.
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