HomeMy WebLinkAboutCOM 0367.000 2004-2006 ~tY Os NI
Harry Kim ~'•'y= ~ ~~c William Takaba
16ea.
A/uTnr bu'eclor
_ Nancy E. Crawford
~rir ~ Depwt Director
I OI MI
County of Hawaii
Finance Department
25 Aupuni StrcU. Houm I IA • Hilo_ Ilan+nii 96720
(fr08)961-R23d • Pee (ft08)961-R2dR ti ,
July 18, 2005
Stacy K. Higa, Chairperson and
Members of the Hawaii County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Operating Budget
The U.S. Department of Justice is providing an additional funding of $61,788 under its
Domestic Cannabis Eradication Suppression Program (DCE/SP) to the County of Hawaii
Police Department's Marijuana Eradication grant program. The grant funds will be used to
compensate for overtime incurred during marijuana operations, investigations, and
community meetings; to purchase equipment to enhance safety issues during
operations/investigations; to pay for helicopters service costs; to cover travel expenses for
attending training workshops and seminars; and to assist in marijuana investigations in
conjunction with the "Weed and Seed" Program.
Enclosed is a bill for an ordinance amending the Operating Budget by appropriating the
additional funds into the Marijuana Eradication account and bringing the total grant
appropriation to $361,788.
If there are any questions, please do not hesitate to call the Hawaii County Police Department.
G~
William Takab I
Director of Finance
APPROVED:
Harry Kim
Mayor
Comm. No.~
Enc. Ref. to: l~-~T^~
Ref, Uate ~
cc: Police
I I I \ Hawaii County is an Equal Opportunity Provider and Employer
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: POLICE DATE: 5/25/05
STAFF CONTACT: Kay Nishibayashi PHONE: 961-2274
A. REQUEST:
To appropriate an additional $61,788.00 under Domestic Cannabis Eradication Suppression Program
(Marijuana Eradication) Grant, account number 010.201.5219.31
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
The US Department of Justice is providing additional funds under the Domestic Cannabis Eradication
Suppression Program (DCE/SP) grant. A portion of the additional funds will be used to compensate for
overtime incurred during marijuana operations and/or investigations, due to the shortage of manpower within
the Vice Section. These additional funds will also be used to replace (purchase) necessary equipment used
by personnel which will enhance safety issues during operationslinvestigations. Funds will also be used to
pay for helicopters service costs incurred during investigation, eradication and suppression efforts to
address the cultivation and trafficking of the controlled substances. This includes multi-agency task force
eradication operations in the Pacific Rim area by providing resources in Guam, Saipan (U.S. territories), as
well as the other counties within our State.
Continued on attached sheet.
- -
SIGNED: ~ DATE: ~~~~5
Department Head
REQUEST FOR COUNCIL ACTION
PAGE2
Continued from previous sheet:
The additional funds will also be used to cover travel expenses to allow personnel to
attend training workshops and seminazs to Team new trends, receive additional training
and learn new investigative techniques in marijuana investigations. Personnel will also
receive current and up-to-date training to ensure more efficient and safer eradication
methods and techniques.
These new training will include gathering, reporting, and analyzing intelligence data
relating to the illicit cultivation, possession, and distribution of marijuana within the
County and State of Hawaii, nationwide, and internationally. The intelligence networks
being utilized include several nationwide-based systems. Personnel will be trained to
utilize these current systems to its capabilities, as well as being trained to input and
retrieve data that will assist personnel to arrest and convict persons involved in large
scale investigations operations. These intelligence networks aze available to other law
enforcement agencies statewide and will greatly assist in multi-agency task force
operations..
Additional funds will also be used to update equipment used in marijuana eradications
and investigation efforts. This will allow personnel to perform in an efficient and safe
manner. Funds will also assist in overtime costs incun•ed during marijuana eradication
and/or investigation operations, to include assisting other county police departments and
other enforcement agencies. Also for overtime incurred during community meetings and
presentations.
The additional funds will also be used to assist in marijuana investigations in conjunction
with the "Weed and Seed" Program. These funds will be used to purchase lazger
amounts of marijuana enabling police to identify, and further investigate, individuals
and/or organizations (identified during the operation) who are lazge scale marijuana
cultivators and distributors. This will also include covert operations which will further
investigations, which is a critical stage in the success of this program and will benefit the
community and residents in the community.
A lot of the lazge scale distributors and/or cuhivators utilize their illegal crop as a
commodity, using it to generate large sums of money to re-invest in other dmg
enterprises (such as heroin, cocaine and "ice"). 1t is also common (documented in
previous investigations) for lazge "dealers" to trade marijuana for other drugs. Hawaii
grown marijuana is still in demand in the "mainland" and it is not unusual for someone to
trade quality mazijuana for methamphetamine ("crank"), which is then converted to "ice'".
These types of activities are documented in previous investigations, as well as during
informant debriefings.
REQUEST FOR COUNCIL ACTION
PAGE3
Continued from previous sheet:
Marijuana, and all the illegal activities associated with it, has a substantial and
detrimental effect on the health and general welfaze of the people within our
communities, and throughout the state. These additional funds will assist the Hawaii
Police Department maintain our commitment to enforce the laws, preserve peace, and
provide our community with safe environment.
GRANT SUMMARY
Su lement to B-52 Re uest for Council Action)
T e of Grant A ro riation bein re uested: ew or an additional a ro riation
? New (for this fiscal year period). OR ® Additional appropriation (to an existing grant);
Is a draft agreement attached? Has the original grant notification been transmitted to
? Yes ? No Council? ®Yes ? No
Name of Grant Program: Domestic Cannabis Eradication Suppression(Marijuana Eradication) Grant
Grantor: U.S. Department of Justice Drug Enforcement Administration
County Grantee Department or Agency: Police
County Grantee Contact Person: Lt Norman Keamo Phone Number: 961-2253
Amount of Grant: $361,788.00
Grant Period (Commencement & Completion): January i, 2005 -December 31, 2005
Purpose of Grant: To investigate, eradicate and suppress the cultivation and trafficking of the
controlled substances in the State of Hawaii.
County Match required?: ?Yes ®No
If yes, Matching Amount? Budgeted in account#
In-kind? Explain:
Explanation:
County's personnel requirements: Amount of new position(s)?
Qty: Permanent: ? Temporary: Duration:
Full-time: ? Part-time: Time Element:
Qty: Contractual: ? Explain:
Explanation:
Additional Comments about Grant:
B-52 Grant Summary Form
OS De4anmeya
U. S. Departr,__,~t of Justice
~ Drug Enforcement Administration
Agreement Number: 2005-57
AGREEMENT
This agreement is entered between the HAWAII COUNTY POLICE DEPARTMENT (HCPD)
hereinafter referred to as HCPD 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
HCPD is desirous of securing funds.
NOW, therefore, in consideration of the mutual covenants hereinafter contained, the parties hereto
have agreed as follows:
1. HCPD, will, with its own law enforcement personnel and employees, as hereinafter perform
specified, performed 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.
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 HCPD program with respect to those activities by such personnel,
i
Letter of A~eement No. 2005-57 Page 2
shall be solely at HCPD discretion, subject to appropriate limitations contained in the budget adopted by
HCPD.
2. DEA will pay to HCPD the amount of THREE H[JNDRED SIXTY-ONE THOUSAND SEVEN
HUNDRED EIGHTY EIGHT DOLLARS ($361,788.00) for the period of JANUARY I, 2005 TO
DECEMBER 31, 2005 to defray the cost relating to the eradication and suppression of illicit marijuana.
It is explicitly understood and agreed that Federal funds provided to HCPD under this agreement may
not be used to defray costs relating to herbicidal eradication of marijuana without the advance written
consent of DEA.
The Federal funds provided to HCPD are primarily intended for payment of deputies'/officers'
overtime, and salary and overtime of reserve officers while they are actively engaged in the cannabis
eradication process, as well as per diem as appropriate and other direct costs related to the actual
conduct of cannabis eradication, such as rental of equipment and vehicles, fuel for vehicles and
aircraft, and minor repairs and maintenance necessitated by their use to support cannabis eradication.
These Federal funds are not primarily intended for purchase of equipment Unless specifically
itemized and approved in advance in the operational plan, expenditures for expendable and non-
expendable equipment should not normally exceed 10% of the total Federal funds awarded. All
purchases of property having a useful life of one year or more with an acquisition cost of $300.00 or
more per unit or an aggregate cost of $1,000.00 or more require the advance approval of the
Domestic Cannabis Eradication/Suppression Program (DCE/SP) coordinator, unless specifically
approved in the operational plan.
If DEA approves the purchase ofnon-expendable equipment with an acquisition cost of $5,000.00 or
more per unit far the use of HCPD personnel engaged in cannabis eradication under this Agreement,
DEA may elect to claim ownership of the equipment at the termination of this Agreement. DEA
may also, at its discretion, allow HCPD to retain ownership of the equipment for its future use in
accordance with applicable Federal rules and regulations.
Payment by DEA to HCPD will be in accordance with a schedule detemuned by DEA and said
payment will be made pursuant to the execution by HCPD of a Standard Form SF-270, Request for
Advance or Reimbursement, and receipt of same by DEA. However, no funds will be paid by DEA
to a state/county agency under this Agreement until DEA has received to its satisfaction an
accounting of the expenditures of all funds paid to this state/county agency during the periods of
previous Agreements for this same purpose. These expenditures will be reported on a Standard
Form SF-269, Financial Status Report, and December Monthly Accounting Form.
3. Employees of HCPD shall at no time be considered employees of the United States Government
or the DEA for any purpose, nor will this Agreement establish an agency relationship between
HCPD and the DEA.
4. HCPD shall maintain complete and accurate reports, records and accounts of all
obligations and expenditures of DEA funds under this Agreement in accordance with generally
accepted accounting principle and in accordance with state laws and procedures for expending
and accounting for it's own funds. HCPD shall further maintain its records of all obligations and
expenditures of DEA funds under this Agreement in accordance with al] instructions provided by
~~~i
7
Letter of Agreement No. 2005-57 Page 3
DEA to facilitate on-site inspection and auditing of such records and accounts.
5. HCPll shall permit and have available for examination and auditing by DEA, the United States,
Department of Justice or the Comptroller General of the United States, or any of their duly
authorized agents and representatives, any and all investigative reports, records, documents,
accounts, invoices, receipts or expenditures relating to this Agreement. In addition, HCPD will
maintain all such Foregoing reports and records until all audits and examinations are completed and
resolved, or for a period of three (3) years after termination of this Agreement, whichever sooner.
6. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-
i ~S, ''Audits of States, i_ocal Governments, and Non-Profit Organizations." In conjunction with the
beginning date of the award, the audit report period of the state or local government entity to be
audited under the single audit requirement is (01/2005) to (12/2005). The audit reporC must he
submitted no later than (01/2007) and each audit cycle thereafter covering the entire award period as
originally approved or amended. The management letter must be submitted with the audit report.
Subsequent audits must be submitted no later than thirteen (13) months after the close of the
recipient organization's audited fiscal year. 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
San Francisco Regional Audit Manager
1200 Bayhill Drive, Suite 201
San Bruno, CA 94066
(4l5) 876-9220
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
810 Th Street, N.W., Room 5303
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:
Letter of Agreement No. 2005-57 Page 4
Also, a copy of the audit report shall be sent:
DOJ Regional Inspector General for Audit
San Francisco Regional Audit Manager
1200 Bayhill Drive, Suite 201
San Bruno, CA 94066
(415) 876-9220
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
810 7th Street, N.W., Room 5303
Washington, D.C. 20531
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 Inforntation 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
Investigative Support Section (OMS), 2401 Jefferson Davis Highway, Alexandria, Virginia 22301,
the attached OJP Form 4061/6, "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)
Letter of Agreement No. 2005-57 Page 5
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
(h) Expresses the amount announced pursuant to paragraph (a) as a percentage of the total
cost of the planned acquisition.
The above requirements only apply to procurements for goods or services (including construction
services) that have an aggregate value of $00,000 or more.
9. [t is further covenant and agreed that HCPD 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 wherever located in the State of HAWAII, resulting
from the DCE/SP 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. HCPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504
of the Rehabilitation Act of 1973, Che Americans With Disabilities Act (as incorporated in the Civil
Rights Act of 1991) and all requirements imposed or pursuant to the regulations of the United States
Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, D, and F.
11. Within sixty (60) days after termination of the Agreement, HCPD will prepare a December
Monthly Accounting Form and a SF-269, Financial Status Report, itemizing the breakdown of final
expenditures. The December Accounting form and the SF-269, along with a refund check, payable
to DEA for any unexpended funds which were advanced by DEA, pursuant to this Agreement will
be returned to DEA.
12. Upon subnvssion of the SF-269 and December Accounting Form to the Investigative Support
Section (OMS) for the preceding year, a copy of the general ledger and the underlying supporting
documentation reflecting the expenditures for equipment in excess of $5,000 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 HCPD within sixty (60) days thereof, in which event DEA will only be liable for
obligations incurred by HCPD during the terms of this Agreement. In no event shall HCPD incur
any new obligations during the period of notice of termination. HCPD shall return to DEA all
unexpended funds forthwith after the sixty (60) days liquidated period.
~~--gg
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Letter of Agreement No. ?005-57 Page 6
THE UAII 'PY POLICE DEPARTM-ENT
g y:
Title: police Chief DaIe:Ilf~~. ~g~~
DRUG ENFORCEMENT ADMINISTRATION
BY~ Date:
Special Agent in Charge
Los Angeles Field Division
*DEA ACCOUNTING DATA:
DEA/FFS INPUT DATE: BY:
*DIVISIONAL FISCAL CLERK MiJST INPUT INTO DEA/FFS
TO BE FILLED OUT BY HEADQUARTERS:
APPROVAL FOR PAYMENT
This is to verify that all of the administrative deterntinations have been made, that the payment is
legal, proper, correct and approved for payment.
Amount:
Obligation Doc No.
Line No.
Signature
Printed Name /'Title
Date Approved
.e
]N WITNESS WHEREOFF, the parties hereto have caused this contract to be executed.
COUNTY OF Hawaii
By
DIXIE KAE75U ~ "iC
11'S MAYOR Managing Direcror
APPROVED AS TO FORM AND LEGALITY:
aEPUT~' Corporati n Counse
EiL^,~~IDC;~;d P,. Py. 7~V~LEZ