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Home My WebLink AboutRES 106 Draft 01 2010-2012 /Mtv os ,,,,, •i • ''I d COUNTY OF HAWAII :•��'�• STATE OF HAWAII RESOLUTION NO. 106 11 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF HEALTH, ALCOHOL AND DRUG ABUSE DIVISION, STATE OF HAWAII (ADAD), PURSUANT TO HRS 46 -7, FOR A PROGRAM TO CONDUCT ENFORCEMENT OPERATIONS OF MINORS PURCHASING ALCOHOL, FOR THE HAWAII POLICE DEPARTMENT WHEREAS, the ADAD has authorized funding for the purpose of supporting the Hawaii Police Department's efforts to conduct law enforcement operations of minors purchasing alcohol; and WHEREAS, the monies fund this program are from a Federal Grant which requires the State to expend funds in a timely manner; and WHEREAS, the funds will be applied towards personnel costs incurred during joint operations which use plainclothes officers to observe purchase attempts by minor field researchers and to cite the retail store personnel making illegal sales to a minor; 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, Hawai'i 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 with the State Department of Health, Alcohol and Drug Abuse, to enable the County to conduct enforcement operations of minors purchasing alcohol. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Finance Department, and the Hawaii Police Department. Dated at Hilo , Hawaii, this 3rd day of August , 2011. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai` i Hilo, Hawai`i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on August 3, 2011 ATTEST: 'a - .441010 (()4 COUNTY CLERK CHAIRPERSON & PRESI ROLL CALL VOTE Reference: C- 269/FC -89 ICER RESOLUTION NO. 106 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X YILAGO X SMART X YAGONG X YOSHIMOTO X L 0 9 0 0 Reference: C- 269/FC -89 ICER RESOLUTION NO. 106 11 EXHIBIT "A" MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF HEALTH AND THE COUNTY OF HAWAII FOR THE ENFORCEMENT OF THE STATE LAW PROHIBITING ALCOHOL SALES TO MINORS THIS MEMORANDUM OF AGREEMENT (hereinafter "MOA "), executed on the respective date of the signatures of the parties shown hereafter, is effective as of July 1, 2011 between the DEPARTMENT OF HEALTH, ALCOHOL AND DRUG ABUSE DIVISION, STATE OF HAWAII (hereinafter "ADAD "), by its ALCOHOL AND SUBSTANCE ABUSE ADMINISTRATOR (hereinafter "ADMINISTRATOR "), a governmental body and the County of Hawaii, a local governmental body, under the laws of the State of Hawaii, whose business address and taxpayer identification number are as follows: 349 Kapiolani Street, Hilo, Hawaii 96720, taxpayer identification number # 99- 6000567. RECITALS A. The STATE is in need of the goods or services, or both, described in this MOA and its attachments. The CONTRACTOR is agreeable to providing the goods and services. B. This MOA is for (check one box): [ ] (1) an emergency procurement of goods and services; [ ] (2) a small purchase procurement of goods and services; or [ X ] (3) a procurement expenditure of public funds for goods and services that is expressly exempt from public bidding by Section 103D- 102(b), Hawaii Revised Statutes. C. Money is available to fund this MOA in the following amounts: (1) State [ ] General or $12,000.00 [X] Federal NOW, THEREFORE, in consideration of the promises contained in this MOA, ADAD and the CONTRACTOR agree as follows: DOH REF NO. 11 -13 1 DOH -MOA 1. Scope of Services. The CONTRACTOR shall, in a proper and satisfactory manner as determined by ADAD, provide all the goods and services set forth in Attachment 1, which is hereby made a part of this MOA. 2. Time of Performance. The performance required of the CONTRACTOR under this MOA shall be completed in accordance with the Time of Performance Schedule set forth in Attachment 2, which is hereby made a part of this MOA. 3. Compensation. The CONTRACTOR shall be compensated in accordance with the Compensation and Payment Schedule set forth in Attachment 3, which is hereby made a part of this MOA. 4. Other Terms and Conditions. Any other applicable terms and conditions set forth in Attachment 4, are hereby made a part of this MOA. IN VIEW OF THE ABOVE, the parties execute this MOA by their signatures, on the dates below, to be effective as of the date first above written. STATE By: Print Name: Title: Alcohol and Substance Abuse Administrator Date: CONTRACTOR By: Print Name: Harry S. Kubojiri Title: Chief of Police Date: DOH REF NO. 11 -13 2 DOH -MOA Attachment 1 SCOPE OF SERVICES This Memorandum of Agreement sets for the responsibilities and finances for a cooperative agreement between the County of Hawaii, Hawaii County Police Department (the CONTRACTOR) and the State of Hawaii, Department of Health, Alcohol and Drug Abuse Division (ADAD) to enforce Section §712- 1250.5 "Promoting Intoxicating Liquor to a Minor," and §281- 101.5, "Prohibitions involving minors; penalty to reduce alcohol sales to minors on the island of Hawaii" For purposes of this Agreement, a minor is defined as a person who is eighteen (18), nineteen (19), or twenty (20) years of age. The CONTRACTOR shall: 1. In collaboration with the University of Hawaii Cancer Center ( "UHCC "), schedule and supervise a yearly compliance check random sample survey to a total of approximately one hundred thirty -one (131) retail stores over a twelve (9) month period. 2. Conduct enforcement operations using plainclothes officers to observe alcohol purchase attempts by minor researchers and to cite the retail store personnel making illegal sales to a minor. The enforcement operations shall consist of two (2) enforcement teams. Each enforcement team shall consist of one (1) minor field researcher, one (1) adult field researcher, and two (2) Hawaii Police Department personnel. a. Schedule and supervise approximately sixty -six (66) enforcement operations each in West Hawaii and East Hawaii over twelve (9) months on a minimum of four (4) retail compliance inspection days per month. On each inspection day, up to two (2) enforcement teams shall attempt alcohol purchases at a minimum of fifteen (15) retail outlets per team. b. Establish procedures to orient and supervise minor field researchers and adult field researchers to ensure their safety and compliance with operational procedures. DOH REF NO. 11 -13 3 DOH -MOA c. Assign planning and supervisory staff to the project to ensure that operations are carried out in accordance with state law and the Hawaii County Police Department's policies and procedures. d. Provide ADAD with timely information on dates of operations, number of sites inspected, citations issued, and officer hours charged to this Agreement. 3. As time and funding permits, schedule, supervise and conduct park operations, juvenile hangout inspections and/or specific enforcement of drinking violations using an unmarked car. 4. UHCC, through a separate agreement with the ADAD, shall be responsible for supporting enforcement operations and compliance inspections by: a. Recruiting and training minor field researchers and adult field researchers to assist the Hawaii County Police Department. b. Providing information to the Hawaii County Police Department on names and locations of retail outlets selling alcohol products to minors on the island of Hawaii. DOH REF NO. 11 -13 4 DOH -MOA Attachment 2 TIME OF PERFORMANCE The CONTRACTOR shall provide the services required under the MOA from July 1, 2011 to and including March 31, 2012, unless this MOA is extended or sooner terminated as hereinafter provided. The Federal Grant requires the STATE to expend funds in a timely manner, therefore, the PROVIDER shall submit the final invoice for services rendered for the period ending March 31, by no later than April 15 of each fiscal year. DOH REF NO. 11 -13 5 DOH -MOA Attachment 3 COMPENSATION AND PAYMENT SCHEDULE Upon receipt of a signed memorandum of agreement and a purchase order the CONTRACTOR shall invoice ADAD monthly for costs associated with the project, not to exceed TWELVE THOUSAND AND NO /100 DOLLARS ($12,000.00) for the total amount of the MOA. Attachment 4 DOH REF NO. 11 -13 6 DOH -MOA OTHER TERMS AND CONDITIONS Amendment Procedures. Amendments to this Agreement are possible through mutually agreeable written statements by both parties. Campaign Contributions by State and County Contractors. Contractors are hereby notified of the applicability of Section 11.205.5, HRS, which states that campaign contributions are prohibited from specified State and county government contractors during the term of the contract if the contractors are paid with funds appropriated by a legislative body. Option to Extend. Unless terminated, this MOA may be extended by the State for a specified period of time not to exceed one (1) year or for not more than one (1) additional twelve (12) month period upon mutual agreement and the execution of a supplemental agreement. The MOA price may be adjusted at the beginning of the extension period and shall be subject to allotment and availability of special funds. DOH REF NO. 11 -13 7 DOH -MOA