HomeMy WebLinkAboutCOM 0789.000 2004-2006
Mtv Or N
Harry Kim
y U1,iiw William l"akaba
11apor uu'e[io,
- Nancy E. Crawford
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pepmrllire<9or'
1r~ Or Mr•~
County of Hawaii
Finance Department
25 quptill Street, Room 118 • I lily Hmruli 96720
(808)961-8234 • Fm (808)961-8248 - -
March 28, 2006
Stacy K. Higa, Chairperson and
Members of the Hawaii County Council
Hawai'i County Council
25 Aupuni Street
Hilo, Hawai'i 96720
Re: Operating Budget
The U.S. Department of Justice is providing an additional funding of $41,246 under its
Domestic Cannabis Eradication Suppression Program (DCE/SP) to the County of Hawaii
Police Department's Marijuana Eradication grant program for calendar year 2006. The
grant funds will be used to compensate for overtime incurred during marijuana related
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.
If there are any questions, please do not hesitate to call the Hawai'i County Police Department.
William laaba
Director of Finance
APPROVED:
COX)*
Harry Kim
1 Mayor
Enc.
cc: Police Comm No. 7~9
n. -~C Ref. To..
<'g l Q .25 (p Hawaii County is an Equal Opportunity Provider and Employer Rr_ f 'Ua f?
GRANT SUMMARY
(Supplement to B-52, Retluest for Council Action)_
f
l e of Grant Appropriation being requested: (New or an additional appropriation)
? New (Ibr this IISCaI year period). OR ® Additional appropriation to an existing gral G»nj leer
4jr)n C)Cr 2oc
is a draft agreement emached.' Has the original grant soli alien bren n'ansmnlet I I o
? 1 e.v ? ,A(, Cotinc il? ?)"er ? .Ao
Name ol'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
Amountol'Grant: $341,246.00 C'130011b7-1) bwtgr+eA } r f I,~ I~ addi{ianul~
Grant Period (Commencement & Completion): January 1, 2006 - December 31, 2006
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: fime Element:
Qty: Contractual: ? Explain:
Ixptanation:
Additional Comments about Grant:
The appropriation of S61,788.00 under Ordinance 05-127 was for the 2005 grant. This cm ercd the period
January L 2005 through December 31 , 2005.
13-~`_ ~ Haul lunmian 1 .um
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: POLICE DATE: 3/13/06
STAFF CONTACT: Captain Chadwick Fukui PHONE: 961-2251
A. REQUEST:
To appropriate an additional $41,246.00 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. Due to a shortage of manpower within the Vice Section, a portion of
the additional funds will be used to compensate for overtime incurred during marijuana operations and/or
investigations. These funds will also be used to compensate for overtime incurred by patrol and other
department personnel that are involved in marijuana related operations. These additional funds will also be
used to replace (purchase) necessary equipment used by personnel which will enhance safety issues during
operations/investigations. Funds will be used to pay for helicopters service costs incurred during
eradication, suppression and investigation 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.
MAR J 6 2006
SIGNED: DATE:
Department Head
Continued from previous sheet.
The additional funds will also be used to cover travel expenses to allow personnel to
attend training workshops and seminars to learn new trends, receive additional training
and learn new investigative techniques in marijuana investigations. Personnel will
receive current and up-to-date skills to ensure more efficient and safer eradication
methods and techniques.
These new skills 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 use
these systems which includes input and retrieval of data that will assist personnel in
arrests and conviction of persons involved in large scale investigations operations. These
intelligence networks are available to other law enforcement agencies statewide and will
greatly assist in multi-agency task force operations.
These 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 incurred during
marijuana eradication and/or investigation operations. This includes assisting other
county police departments and other enforcement agencies. Overtime to conduct
community meetings and presentations shall also be included.
The additional funds will continue to be used to assist in marijuana investigations in
conjunction with the "Weed and Seed" Program. These funds will be used to purchase
larger amounts of marijuana which will enable police to identify and further investigate
individuals and/or organizations identified during the operations who are large scale
marijuana cultivators and distributors.
A lot of the large scale distributors and/or cultivators utilize their illegal crops as a
commodity, using it to generate large sums of money to re-invest in other drug
enterprises such as heroin, cocaine and "ice". It is also common (documented in previous
investigations) for large "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 marijuana for methamphetamine "crank", that is then converted to "ice". These
types of activities are documented in previous investigations, as well as during informant
debriefings.
Continued on attached sheet.
Continued from previous sheet.
Within the fiscal year, police have experienced an increase in weapon recoveries at large-
scale marijuana operations. A lot of the weapons recovered are found to be loaded and
are illegal type weapons (e.g. automatic weapons, sawed-off rifles and shotguns). On
several occasions the suspects are arrested and during questioning admit that they have
the weapons on-hand for protection against "rip-offs."
Police have also noticed that marijuana is almost always recovered during investigations
involving "ice", cocaine or other "hard drugs." It is apparent that marijuana is still being
used in conjunction with other types of drugs.
Patrol officers are still encountering marijuana possession and distribution at the schools.
It is apparent the marijuana is readily available in the schools, and still remain one of the
drugs of choice to our youth.
Marijuana and all the illegal activities associated with it has a substantial and detrimental
effect on the health and general welfare of the people within our community and
throughout the state. These additional funds will assist the Hawaii Police Department to
maintain our commitment to enforce the laws, preserve peace, and provide our
community with safe environment.
JS oePaNnen~ r`
° U. S. Department of Justice
Drug Enforcement Administration
Agreement Number: 2006-60
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,
Letter of Agreement No. 2006-60 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 HUNDRED FORTY-ONE THOUSAND TWO
HUNDRED FORTY-SIX DOLLARS ($341,246.00) for the period of JANUARY 1, 2006 TO
DECEMBER 31, 2006 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 of non-expendable equipment with an acquisition cost of $5,000.00 or
more per unit for 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 determined 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 all instructions provided by
Letter of Agreement No. 2006-60 Page 3
DEA to facilitate on-site inspection and auditing of such records and accounts.
5. HCPD 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-
133, "Audits of States, Local 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 (0112006) to (12/2006). The audit report must be
submitted no later than (01/2008) 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
(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
8107 1h 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:
h~, t
_i
Letter of Agreement No. 2006-60 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
8107 1h 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 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
Investigative Support Section (OMS), 2401 Jefferson Davis Highway, Alexandria, Virginia 22301,
the attached ON 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. 2006-60 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
(b) 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 $500,000 or more.
9. It 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, the 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 submission 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.
OMB APPROVAL NO. PAGE OF
0348-004 1 2 PAGES
REQUEST FOR ADVANCE a 'Woneor both boxes 2. BASIS OF REQUEST
OR REIMBURSEMENT TYPE OF D ADVANCE ? REIMBURSE- CASH
PAYMENT MENT
REQUESTED b. "x•the applicable bor ACCRUAL
(See instructions on back) L FINAL 0 PARTIAL
3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT 4. FEDERAL GRANTOR OTHER 5. PARTIAL PAYMENT REQUEST
TO WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED NUMBER FOR THIS REQUEST
DRUG ENFORCEMENT ADMINISTRATION BY FEDERAL AGENCY
2006-60
6. EMPLOYER IDENTIFICATION 7. RECIPIENT'S ACCOUNT NUMBER B. PERIOD COVERED BY THIS REQUEST
NUMBER OR IDENTIFYING NUMBER FROM (month, day, year) TO (month, day, yea/)
99-6000567 N/A JANUARY 1, 2006 DECEMBER 31, 2006
9. RECIPIENT ORGANIZATION 10. PAYEE (Where check is to be sent if different than Item 9)
Name: Name: HAWAII COUNTY POLICE DEPARTMENT
C/O DEA
Number Number 300 ALA MOANA BLVD., ROOM 3129
and Street and Street. HONOLULU, HAWAII
N/A
City, State City, State
and ZIP Code: and ZIP Code:
11. COMPUTATION OF AMOUNT OF REIMBURSEMENTSIADVANCES REQUESTED
(a) (b) (c)
PROGRAMS/FUNCTIONS/ACTIVITIES ]IN- Original Letter TOTAL
of Agreement
a. Total program (Aso/date)
outlays to date 341,246.00 341,216.00
b. Less: Cumulative program income 0.00
C. Net program outlays (Line a minus
line b) 341, 246.00 0.00 0.00 341, 246.00
d. Estimated net cash outlays for advance
period 0.00
Total (Sum oflines c E d) 341 246.00 0.00 O.OU 341, 246.00
f. Non-Federal share of amount on line e 0.00
g. Federal share of amount on line a 341,246.00 341,246.00
h. Federal payments previously requested 0.00
F Federal share now requested (Line g
minus line h) 341,246.00 0.00 0.00 341,246.00
j Advances required by
st month
month, when requested 341,246. 00 341, 2 9 6.00
by Federal grantor
0.00
a gency for use in making 2nd month
p rescheduled advances 3rd month
0.00
12. ALTERNATE COMPUTATION FOR ADVANCES ONLY
a. Estimated Federal cash outlays that will be made during period covered b the advance $
b. Less'. Estimated balance of Federal cash on hand as of be innin of advance period
c Amount r uested Line a menus line b $ 0.00
AUTHORIZED FOR LOCAL REPRODUCTION (Continued on Reverse) STANDARD FORM 270 (Rev. 7-97)
Prescribed by OMB Circulars A-102 and A-110