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HomeMy WebLinkAboutRES 822 Draft 01 2006-2008COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 822 OS 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, as part of the OCDETF Investigation Case Number PI-HI-0077; 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 Finance and Police Departments. Dated at Kona ,Hawaii, this 17th day of December , 2008. INT DUCED BY: - COUNCIL MEMBER OU Y F HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Ilawai`i on December 17, 2008 AT7'ES'I' `L) n COU` ENTY ECXL_ERK/ CI-IAIRMAN & PKES[DING OFFICER ROLL CALL VOTE AYES NOES At3S E\ ENRIQUES X FORD X GREENWELL X HOFFMANN g IKEDA }{ NAEOLE g ONISHI }{ YAGONG YOSHIMOTO X 8 0 1 0 Reference RESOLUTION NO. C-1578/FC-368 CI~~i UO ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES Agreement FOR THE USE OF THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM Federal Tax Identification #: 996-000567 DC#: Amount Requested: $ 20,000.00 Number of Officers Listed: From: October 1, 2008 Beginning Date of Agreement To: _ September 30, 2009 Ending Date of Agreement State or Local Agency Contact Person: Lieutenant Richard Sherlock Telephone Number: (808)961-2253 Sponsoring Federal Agency(ies): OCDETF Investigation Number: PI-HI-0077 Federal Agency Investigation Number: State or Local Agency Name and Address: Hawaii Police Department 349 Kapiolani Street Hilo, Hawaii 96720 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: nishii@co.hawaii.hi.us Fax Number: 808-961-2390 Agreement (Oct. OS), Page 1. EXHIBIT "A" This a~n'eemenl 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 aeency OCDETF Coordinator, and the Assistant United States Attorney OCDETF Coordinator. It is agreed that the State or Local law enforcement officers named on this agreement will assist in Organized Crime Dmg Enforcement Task Force investigations and prosecutions as set forth in the Organized Crime Drue Enfm'cement Task Forces State 2. No individual agreement with a State or Local department 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 particular 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. 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 monitorine of the aging Agreements. Further, if a State or Local aeency indicates That it is no longer performing work under a particular 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. 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. Aereement (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 parties to this agreement. Il.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 parent 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 parent 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 [he 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. Ov2rtime payments; in any event, may not, on an annual per person basis, exceed 25% of the current approved Federal salary 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. l4. 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 a]] 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 ] 7. The State m' Local agency shall perntil examination and auditing by representatives of the OCDETF Proeram, 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 ] 964 and a]] requirements applicable to OCDETF agreements pursuant to the regulations of the Department of Justice (see, eg, 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 tenninated by any of the parties by written notice to the other parties ten (l0) business days prior to termination. Billine 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, a]] OCDETF reimbursement payments will be issued via EFT. Al] participating State and Local agencies must complete and submit the attached EFT form. The OCDETF Executive Office must receive one EFT form from each participatine agency or police department prior to processing their reimbursement payments. In certain circumstances the OCDETF Executive Office will make exceptions for agencies that are unable to accept this form of payment, however, they must include written justification in the addendum of each new agreement. 21.. A]] chanties 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. Aereement (Oct. 06), 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 aze 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 aze 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 Approved By: Regional Sponsoring Federal Agency OCDETF Coordinator Date Approved By: Regional Assistant United States Attorney OCDETF Coordinator Date Funds aze encumbered for the State/local Agency overtime costs and authorized expenses specified above. Accepted By: Executive Office for OCDETF Date Agreement (Oct. 06), Page 5.