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Home My WebLink AboutRES 162 Draft 01 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 162 11 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE U. S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA), PURSUANT TO HRS 46 -7, TO SUPPORT AND PARTICIPATE IN THE HAWAII AIRPORT TASK FORCE EFFORT WHEREAS, the U. S. Department of Justice, Drug Enforcement Administration (DEA) has authorized funding for the purpose of supporting the Prosecuting Attorney's office to participate in the Hawaii Airport Task Force program; and WHEREAS, the monies to fund this program, totaling $17,202.25, are from a Federal Grant; and WHEREAS, the goal of the Hawaii Airport Task Force program is to disrupt narcotics and dangerous drug trafficking in Hawaii; and WHEREAS, the funds will be applied towards the reimbursement of overtime costs associated with participation in the Hawaii Airport Task Force project; 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 with the U. S. Department of Justice, Drug Enforcement Administration, to enable the County to participate in the Hawaii Airport Task Force program. 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, Office of the Prosecuting Attorney, and the Finance Department. Dated at Kona , Hawai'i, this 19th day of October , 2011. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai` i Hilo, Hawai`i I hereby certif) that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County ofHawai`i on October 19, 2011 ATTEST: �OUNTY CLERK CHAIRPERSON & PRESID G 0 FICER ROLL CALL VOTE Reference: C- 378/FC -127 RESOLUTION NO. 1G2 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 7 0 2 0 Reference: C- 378/FC -127 RESOLUTION NO. 1G2 11 HAWAII AIRPORT TASK FORCE ( HIDTA Funded) STATE AND LOCAL HIDTA TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND OFFICE OF THE PROSECUTING ATTORNEY HAWAII COUNTY This agreement is made this 1St day of October 2011, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Office of the Prosecuting Attorney (hereinafter "OPA "). 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 OPA agrees to detail one (1) experienced officer to the HATF, for a period of not less than two years. During this period of assignment, and while engaged in DEA operations, the one (1) OPA officer will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The OPA officer 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 OPA officer assigned to the HATF shall be deputized as Task Force Officer 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 OPA officer 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 OPA will remain responsible for establishing the salary and benefits, including overtime, of the OPA officer assigned to the HATF and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the OPA for overtime payments made by it to the OPA officer 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 OPA charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The OPA 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 OPA 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 OPA 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 OPA 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 I. 11. The OPA 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 OPA acknowledges that this agreement will not take effect and no Federal funds will be awarded to the OPA 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 OPA 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 OPA 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: Cltit�� Date: Charlene Y. Iboshi Prosecuting Attorney Office of the Prosecuting Attorney Approved as to Form and Legality: By: Date: Lincoln Ashida Corporation Counsel Addendum A STATE AND LOCAL HIDTA TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND OFFICE OF THE PROSECUTING ATTORNEY HAWAII COUNTY To accomplish the objectives of the Drug Enforcement Administration (DEA) High Intensity Drug Trafficking Area (HIDTA) Pharmaceutical Initiative, the Office of the Prosecuting Attorney, Hawaii County (OPA) agrees to assign one (1) experienced investigator to the Pharmaceutical Initiative. Under the DEA Table of Organization for the DEA Honolulu District Office (HDO), the available HIDTA Task Force Officer (TFO) position is assigned to the DEA Hawaii Airport Task Force (HATF). In order to accomplish the mission of the Pharmaceutical Initiative, the DEA HDO agrees to temporarily duty (TDY) assign this TFO position from the HATF to the Pharmaceutical Initiative. It is understood that the investigator that OPA will assign to the DEA Task Force will continue to perform their core duties and obligations to OPA. However, when HIDTA Pharmaceutical Investigations arise, the investigator that OPA will assign to the DEA Task Force will perform the activities and duties described below: a. Investigate, disrupt and dismantle individuals and/or organizations involved in diversion schemes (e.g., "doctor shopping ", prescription forgery, and prevalent retail - level violators) of controlled pharmaceuticals and /or listed chemicals in the Big Island area; b. Investigate, gather and report intelligence data relating to trafficking of controlled pharmaceuticals and /or listed chemicals; and c. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Hawaii. It is further understood that once signed by all listed parties, the OPA and DEA are bound by the Hawaii Airport Task Force State and Local HIDTA Task Force Agreement between The Drug Enforcement Administration and the Office of the Prosecuting Attorney for Hawaii County. It is further understood as outlined in the agreement in paragraph six that during the period of assignment to the HATF, the OPA will remain responsible for establishing the salary and benefits, including, overtime, of the OPA officer assigned to the HATF/Pharmaceutical Initiative and for making all payments due to them. HIDTA will, subject to availability of funds, reimburse the OPA for overtime payments made by it to the OPA officer 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. Robin L. Dinlocker Assistant Special Agent in Charge Honolulu District Office aftd, Charlene Y. Iboshi Prosecuting Attorn • y Office of the Prosecuting Attorney Date: Date: � ///