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HomeMy WebLinkAboutRES 127 Draft 01 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 127 11 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE U. S. DEPARTMENT OF JUSTICE PURSUANT TO HRS 46 -7, FOR A JOINT HAWAII AIRPORT TASKFORCE BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND THE HAWAII POLICE DEPARTMENT WHEREAS, the United States Department of Justice, Drug Enforcement Administration (DEA) has authorized funding for the purpose of creating and maintaining a joint task force with the Hawaii Police Department for a period not less than two (2) years from the agreement date of October 1, 2011; and WHEREAS, the monies, derived from Federal Funds, will be used to disrupt illicit drug traffic in Hawaii, gather and report intelligence data relating to trafficking in narcotics and conduct covert operations; and WHEREAS, the Hawaii Police Department officers assigned to the task force shall be deputized as Task Force Officers of the DEA pursuant to 21 U.S.C. 878; and WHEREAS, the Agreement is for High Intensity Drug Trafficking Area (HIDTA) funded positions, with overtime incurred by Hawaii Police Department personnel associated with this task force, to be reimbursed by HIDTA up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1, Federal employee (currently $17,202.25) per officer; 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, a draft of which is attached hereto and incorporated herein by reference as Exhibit "A ", and related documents to enable the County to execute the Hawai'i Airport Task Force. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawai'i shall transmit copies of this resolution to the Office of the Mayor, the Finance Department, and the Hawaii Police Department. Dated at Kona , Hawai'i, this 21st day of September , 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 September 21, 2011 ATTEST: 140144ife COUNTY CLERK CHAIRPERSON & PRESID G OFFICER ROLL CALL VOTE Reference: RESOLUTION NO. C- 324/FC -100 127 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X I 7 2 0 0 —1 Reference: RESOLUTION NO. C- 324/FC -100 127 11 HAWAII AIRPORT TASK FORCE (HIDTA Funded) STATE AND LOCAL HIDTA TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND THE HAWAII COUNTY POLICE DEPARTMENT This agreement is made this 1st day of October 2011. between the United States Department of Justice. Drug Enforcement Administration (hereinafter "DEA "), and the Hawaii County Police Department (hereinafter "HCPD "). Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the State of Hawaii and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Hawaii, the parties hereto agree to the following: 1. The Hawaii Airport Task Force (hereinafter "HATF ") will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Hawaii area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs: and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the HATF's activities will result in effective prosecution before the courts of the United States and the State of Hawaii. 2. To accomplish the objectives of the HATF, the HCPD agrees to detail up to three (3) experienced officers to the HATF, for a period of not less than two years. During this period of assignment. and while engaged in DEA operations, the three (3) HCPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The HCPD officers assigned to the HATF shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The HCPD officers assigned to the HATF shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. 878. EXHIBIT "A" 5. To accomplish the objectives of the HATF. DEA will assign two (2) Special Agents to the HATF. HIDTA will also. subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and the HCPD officers assigned to the HATF. This support may include: office space. office supplies, travel funds. funds for the purchase of evidence and information, investigative equipment. training, and other support items. 6. During the period of assignment to the HATF. the HCPD will remain responsible for establishing the salary and benefits. including overtime, of the HCPD officers assigned to the HATF and for making all payments due them. HIDTA will. subject to availability of funds. reimburse the HCPD for overtime payments made by it to the HCPD officers assigned to the HATF for overtime. up to a sum equivalent to 25 percent of the salary of a GS -12. Step 1. Federal employee. (currently $17.202.25). per officer. 7. In no event will the HCPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The HCPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The HCPD shall permit and have readily available for examination and auditing by DEA. the United States Department of Justice. the Comptroller General of the United States, and any of their duly authorized representatives. any and all records, documents. accounts. invoices. receipts or expenditures relating to this agreement. The HCPD shall maintain all such 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 is sooner. 10. The HCPD shall comply with Title VI of the Civil Rights Act of 1964. Section 504 of the Rehabilitation Act of 1973. the Age Discrimination Act of 1975. as amended. and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R., Part 42, Subparts C, F. G, H and 1. 11. The HCPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6. Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The HCPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the HCPD by DEA until the completed certification is received. 12. When issuing statements. press releases. requests for proposals. bid solicitations. and other documents describing projects or programs funded in whole or in part with Federal money, the HCPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one (1) until September 30, 2012. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by HCPD during the term of this agreement. For the Drug Enforcement Administration: By: Date: Timothy J. Landrum Special Agent in Charge Los Angeles Field Division For the County of Hawaii County: By: Date: William Kenoi Mayor Recommending Approval: By: Hai y `. Kubojiri Poli Chief Hawaii County Police Department Approved as to Form and Legality: DateJUL 2 7 2011 By: Date: Lincoln Ashida Corporation Counsel ATTACHMENTS: (1). OJP Form 4061/6 (3 -91): Certifications Regarding Lobbying; Debarment. Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements (2). Roster of Local. State. or Federal Agency Personnel Assigned to the Hawaii Airport Task Force U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over 5100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or wit be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. RESPONSIBILITY SUSPENSION, T AND OTHER (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospec- tive participants in pnmary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented al 28 CFR Part 67, Subpart F. for grantees as defined at 28 CFR Part 67 Sections 67.615 and 67.6'20 - A. The applicant certifies that it will or will continue to provide a drug -free workplace by: {a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taker against employees for violation o1 such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about - (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace, (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061 /4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal crug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days afftter receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic- tion. Employers of convicted employees must provide notice, including position title to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is sc convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination consistent with the requirements of the Rehabilitafion Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a druo abuse assistance or rehabilitation program approved for sucli purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, country, state, zip code) Check ❑ if there are workplace on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check ❑ if the State has elected to complete OJP Form 4061/7. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620 - A. As a condition of the grant I certify that I will not engage in the unlawful manufacture, distribution, dispensing; posses- sion, or use of a controlled substance in condition any activity with the grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN. Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Harry S. Kubojiri 1. Grantee Name and Address: Police Chief Hawaii County Police Department 349 Kapiolani St. Hilo, HI 96720 2. Application Number and /or Project Name 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative 5. Signature JUL 2 7 2011 6. Date