HomeMy WebLinkAboutRES 242 Draft 01 2010-2012 tYUS N•'i .
COUNTY OF HAWAII •f,N\ STATE OF HAWAII
, fie..',`.
•RESOLUTION NO. 242 12
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, PURSUANT TO HRS 46-7, FOR A
GRANT TO THE HAWAII POLICE DEPARTMENT IN ORDER TO SUPPORT
ENFORCEMENT OF THE STATE LAW PROHIBITING ALCOHOL SALES TO
MINORS
WHEREAS, the State of Hawaii Department of Health, Alcohol and Drug Abuse
Division has authorized federally derived funding towards supporting the Hawaii Police
Department's efforts to enforce state law prohibiting alcohol sales to minors; and
WHEREAS, the funds from this grant will be used to conduct enforcement
operations and to cite the retail store personnel making illegal sales to minors; and
WHEREAS, the enforcement operations shall consist of two (2) enforcement
teams, with each team consisting of one (1) minor field researcher, one (1) adult field
researcher and two (2) Hawaii Police Department personnel; 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 Hawaii Department of Health, Alcohol and Drug Abuse Division, to enable the County
to accept funds to conduct the enforcement of state law prohibiting alcohol sales to
minors.
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, and to the Finance and
Police Departments.
Dated at Hilo , Hawaii, this 17th day of April , 2012.
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 Hawai`i on April 17, 2012
ATTEST:
\\\
?KY
CLERK CHAIRPERSON & PRESID
ROLL CALL VOTE
Reference: C- 655/Waived - FC
242 12
FICER RESOLUTION NO.
AYES
NOES
ABS
EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
8
0
1
0
Reference: C- 655/Waived - FC
242 12
FICER RESOLUTION NO.
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 June 1, 2012 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. 12-13 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:
RECOMMENDED APPROVAL: CONTRACTOR:
By: By:
Print Name: Harry S.Kubojiri Print Name: William P. Kenoi
Title: Chief of Police Title: Mayor
Date: Date:
DOH REF NO. 12-13 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, Office of Public Health Studies at
the John A. Burns School of Medicine ("JABSOM"), 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 (12) 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 (12) 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
DOH REF NO. 12-13 3 DOH-MOA
Attachment 1
adult field researchers 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'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. JABSOM, 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. 12-13 4 DOH-MOA
Attachment 2
TIME OF PERFORMANCE
The CONTRACTOR shall provide the services required under the MOA from June 1,
2012 to and including May 31, 2013, unless this MOA is extended or sooner terminated as
hereinafter provided.
DOH REF NO. 12-13 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.
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 May 31, by
no later than June 15 of each fiscal year.
DOH REF NO. 12-13 6 DOH-MOA
Attachment 4
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. 12-13 7 DOH-MOA