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HomeMy WebLinkAboutRES 468 Draft 01 2006-2008 war os COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 468 08 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES OF AMERICA, PURSUANT TO HRS 46-7, FOR THE ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE PROGRAM GRANT WHEREAS, the U.S. Department of Justice, Drug Enforcement Administration has allocated funding for an Organized Crime Drug Enforcement Task Force (OCDETF) Program Grant to the Hawaii County Police Department; and WHEREAS, these funds will be used for overtime and travel costs incurred by deputized officers during special investigations and prosecutions; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, an agreement, attached hereto and incorporated herein by reference as Exhibit "A" and related documents, to enable the County to use Organized Crime Drug Enforcement Task Force Program grant funds for overtime and travel incurred by deputized officers during special investigations and prosecutions. BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Police Department and the Department of Finance. Dated at xi~o ,Hawaii, this 24 th day of January , 2008. INTR UCED BY: "~J COUNCIL MEMBER{ QOU T OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX FORD X hereby certify that the foregoing RESOLUTION was by the FIIGA g vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN the County ofHawai`ion January 24, 2008 IKEDA g ATTEST tACOBSON X NAEOLE X PILAGO g YAGONG YOSHIMOTO X 8 0 1 0 n ~ eference C-889/FC -215 468 t? 8 C COYINTY CLERK CHAIRM PRESIDI G OFFICER RESOLUTION NO. ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES Agreement FOR THE USE OF THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM Federal Tax Identification DC#: Amoun[ Requested: OCDETF Investigation Number: PA-HI-0071 $ 20,000.00 Federal Agency Investigation Number of Officers Listed: Number: R4-OS-0094 / XNA3I From: October 1, 2007 State or Local Agency Name and Address: Beginning Dale of Agreement To: September 30, 2008 Hawaii Police Departrnent Ending Date of Agreement __349 Kapiolani St, Hilo, HI 96720 State or Local Agency Contact Person: Samuel Jelsrna (Lieutenant) Telephone Number: (808)961-2253 Sponsoring Federal Agency(ies): Dmg Enforcement Administration (DEA) Please provide the name, telephone number and a-mail address for the administrative or financial staff person at the state or local agency, who is directly responsible for the billings under this Reimbursement Agreement: Name: Nori Ishii Telephone Number: 808-961-2273 E-mail Address: Hcpd1782(a,co.hawaii.hi.us Fax Number: 808-961-2390 Agreement (Oct. 06), Page 1 EXHIBIT "A" 11 This agreement is between the above named State or Local law enforcement agency and the Organized Crime Drug Enforcement Task Force (OCDETF) Program. This agreement shall be effective when signed by an authorized State or Local agency official, the sponsoring Federal agency Special Agent-In-Charge, the 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 Forces State and Local Overtime and Authorized Expense Pro¢xam, Policies and Procedures Manual, October, 2006. 2. No individual agreement with a State or Local deparhnent may exceed $20,000, and the cumulative amount of OCDETF State and Local overtime monies that may be expended on a single OCDETF investigation in a single fiscal year may not exceed $30,000 without express prior approval from the OCDETF Executive Office. The OCDETF Executive Office will entertain requests to exceed these funding levels in particulaz cases. Please submit a written request including justification approved by the AUSA Regional Coordinator to the OCDETF budget officer when seeking to exceed the above stated funding levels. 3. Each Reimbursable Agreement will be allowed four (4) modifications per year. In addition, if the funds for a particular agreement are completely deobligated with the intention of closing that agreement, it will not count as a modification for purposes of this policy. These amendments or changes must be transmitted by a memorandum approved and signed by the AUSA OCDETF Coordinator or designee for the region and forwarded to the OCDETF Executive Office. 4. If an Agreement does not have any activity during the last ninety (90) days, the funds shall be deobligated. The OCDETF Executive Office will assist with the monitoring of the aging Agreements. Further, if a State or Local agency indicates that it is no longer performing work under a particulaz Agreement, the State and Local Overtime Procedures Manual requires that a modification memorandum identifying the amount to be deobligated be submitted to the OCDETF Executive Office within five (5) working days of determining that no work is being performed. 5. The State and Local Police Departments are to provide monthly billing estimates or activity upon request. 6. The State or 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. 7. 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. 8. Officers who are deputized may possess Federal law enforcement authority as specified by the agency affording the deputation. 9. 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. Agreement (Oct. 06), Page 2 12 10. OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation will provide to the assigned State/Local officers the clerical, operational and administrative support that is mutually agreed to by the pazties to this agreement. ll.Officers assigned to OCDETF investigations must work full-time on the investigation(s) in order to be paid overtime. In order to satisfy the "full-time" requirement, a law enforcement officer must work forty (40) hours per week or eight (8) hours per day on a single or multiple OCDETF investigation(s). Any established exceptions or waivers to this definition shall be requested by the Regional Coordination Group and attached as Addendum A to the Agreement. [The pazent State or Local agency must pay the base salary of their officers. In the event officers must work overtime on the OCDETF investigation, the OCDETF Program will reimburse the pazent State or Local law enforcement agency for a limited amount of those overtime costs.] The agency is responsible for paying its law enforcement officer(s) 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. The OCDETF Executive Office may refuse payment on any reimbursement request that is not submitted to the OCDETF Regional Coordination Group within thirty (30) days of the close of the month in which the overtime was worked. 12. Analysis of reimbursement claims by the Regional Coordination Group 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 ten (10) business days in advance of such modification with follow-up confirmation in writing. 13. Overtime payments, in any event, may not, on an annual per person basis, exceed 25% of the current approved Federal salazy rate in effect at the time the overtime is performed. The State or Local agency is responsible for ensuring that this annual payment is not exceeded. The field office of the sponsoring Federal agency and the Agency OCDETF Coordinator also will monitor these payments. 14. The overtime log must be attached to the reimbursement request when submitting the monthly invoices. The Sponsoring Federal Agency Supervisory Special Agent and the State or Local official authorized to approve the Reimbursement Request must certify that only authorized expenses are claimed and that overtime has not exceeded 25% of the current Federal salary rate in effect at the time the overtime was worked. 15. Under no circumstances will the State or Local agency charge any indirect costs for the administration or implementation of this agreement. 16. The State or Local agency shall maintain complete and accurate records and accounts of all obligations and expenditures of funds under this agreement for a period of six (6) years and in accordance with generally accepted accounting principles to facilitate inspection and auditing of such records and accounts. Agreement (Oct. 06), Page 3 13 17. The State or Local agency shall permit examination and auditing by representatives of the OCDETF Program, 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, of any and all records, documents, accounts, invoices, receipts, or expenditures relating to this agreement. 18. The State or 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, 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 19. This agreement maybe terminated by any of the parties by written notice to the other parties ten (10) business days prior to termination. Billing for outstanding obligations shall be received by OCDETF within thirty (30) days of the notice of termination. 20. The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by electronic funds transfer (EFT). In accordance with the act, all OCDETF reimbursement payments will be issued via EFT. All participating State and Local agencies must complete and submit the attached EFT form. The OCDETF Executive Office must receive one EFT form from each participating agency or police department prior to processing their reimbursement payments. In certain circumstances the OCDETF Executive Office will make exceptions for agencies that aze unable to accept this form of payment, however, they must include written justification in the addendum of each new agreement. 21. All changes made to the original agreement must be approved by the OCDETF Executive Office and initialed by the Executive Assistant of the Regional Coordination Group making the revision. The OCDETF AUSA Coordinator or designed must initial all funding changes. Agreement (Oct. Q6), Page 4 14 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 OCDETF based upon the progress and needs of the OCDETF investigation. Additionally, resources are contingent upon the availability of funds per the approval and signature of the AUSA OCDETF Coordinators obligating authority. The OCDETF Executive Office will verify and accept that all the terms and conditions of the agreement have been met. Approved By: Authorized State or Local Official Title Date Approved By: Sponsoring Federal Agency Special Agent in Charge or designee Date Approved By: Regional Sponsoring Federal Agency OCDETF Coordinator Date Approved By: Regional Assistant United States Attorney OCDETF Coordinator Date Funds are encumbered for the State/Local Agency overtime costs and authorized expenses specified above. Subject to availability of funds. Accepted By: OCDETF Executive Office Date Agreement (Oct. 06), Page 5 15