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Home My WebLink AboutRES 160 Draft 01 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 160 11 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH, ALCOHOL AND DRUG ABUSE DIVISION (ADAD), PURSUANT TO HRS 46 -7, FOR A PROGRAM TO CONDUCT ENFORCEMENT OPERATIONS OF MINORS PURCHASING TOBACCO, FOR THE HAWAII POLICE DEPARTMENT WHEREAS, the State of Hawaii Department of Health, Alcohol and Drug Abuse Division (ADAD) has authorized funding for the purpose of supporting the Hawaii Police Department's efforts to conduct law enforcement operations of minors purchasing tobacco; and WHEREAS, the monies to fund this program are from a State Grant which requires the County to expend funds in a timely manner; and WHEREAS, the funds, which are not to exceed $8,000, will be applied towards costs incurred to conduct enforcement 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, 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 with the State of Hawai`i Department of Health, Alcohol and Drug Abuse, to enable the County to conduct enforcement operations of minors purchasing tobacco. 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 Kona , Hawai'i, this 19th day of October , 2011. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii 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 October 19, 2011 ATTEST: COUNTY CLERK CHAIRPERSON & PRE DIN i OFFICER ROLL CALL VOTE Reference: C- 373/FC -120 RESOLUTION NO. 1.60 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGOv:G X YOSHIMO l O X 7 0 2 0 Reference: C- 373/FC -120 RESOLUTION NO. 1.60 11 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF HEALTH AND THE COUNTY OF HAWAII FOR THE ENFORCEMENT OF THE STATE LAW PROHIBITING TOBACCO 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 October 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 (hereinafter "CONTRACTOR "), 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 DOH REF. NO. 12 -06 [ ] General or $8,000.00 [ X ] Special 1 DOH -MOA EXHIBIT "A" NOW, THEREFORE, in consideration of the promises contained in this MOA, ADAD and the CONTRACTOR agree as follows: 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. DOH REF. NO. 12 -06 2 DOH -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 DOH REF. NO. 12 -06 By: Print Name: Title: Alcohol and Substance Abuse Administrator Date: CONTRACTOR By: Print Name: HARRY S. KUBOJIRI Title: Chief of Police Date: 3 DOH -MOA Attachment 1 SCOPE OF SERVICES This Memorandum of Agreement sets forth 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 709 -908 HRS, the state law prohibiting tobacco sales to minors. The period of this Agreement shall be November 1, 2011 through July 31, 2012. The CONTRACTOR shall: a. Conduct a minimum of six (6) enforcement operations using plain clothes officers to observe tobacco purchase attempts by minor volunteers and cite retail store personnel who are found making illegal sales to minors; three (3) of the above operations should be concentrated in East Hawaii County and the other three (3) operations to be concentrated in West Hawaii County; b. Establish procedures to orient and supervise youth and adult volunteers to ensure their safety and compliance with operational procedures; 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 procedures; and, d. Provide ADAD with timely invoices on dates of operations, officer names, base salary rate, overtime - hourly rate, and overtime pay charged to this Agreement. e. Provide ADAD with timely information on dates of operations, number of sites inspected and citations issued. ADAD, through a separate agreement with the University of Hawaii Cancer Center, shall be responsible for: DOH REF. NO. 12 -06 4 DOH -MOA (1) Recruiting and training youth and adult volunteers to assist the Hawaii County Police Department; and, (2) Providing information to the Hawaii County Police Department on names and locations of retail outlets selling tobacco products in Hawaii County. DOH REF. NO. 12 -06 5 DOH -MOA Attachment 2 TIME OF PERFORMANCE The CONTRACTOR shall provide the services required under the MOA from November 1, 2011 to and including July 31, 2012, unless this MOA is sooner terminated. DOH REF. NO. 12 -06 6 DOH -MOA Attachment 3 COMPENSATION AND PAYMENT SCHEDULE Upon receipt of a signed memorandum of agreement the CONTRACTOR shall invoice ADAD monthly for costs associated with the project, not to exceed EIGHT THOUSAND NO /100 DOLLARS ($8,000.00) of Tobacco Settlement Funds for the total amount of the MOA. The final invoice must be submitted to ADAD no later than September 15, 2012. DOH REF. NO. 12 -06 7 DOH -MOA Attachment 4 OTHER TERMS AND CONDITIONS Amendment Procedures. This Agreement may be amended through mutually agreeable written statements. 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 or county government contractors during the term of the contract if the contractors are paid with funds appropriated by a legislative body. DOH REF. NO. 12 -06 8 DOH -MOA