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Home My WebLink AboutCOM 0014.016 2012-2014 --10:7 M �pr'••� ''i+' Harry S. Kubojiri William P. Kenoi W Police Chief Mayor .1 +:A'`' 10:• • Paul K. Ferreira Deputy Police Chief County of Hawai' i POLICE DEPARTMENT 349 Kapi`olani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 r C7 t... -CD DATE: July 18, 2014 w --3 TO J YOSHIMOTO, COUNCIL CHAIR AND -0 : '-;-- COUNCIL MEMBERS N ::, VIA: J\y ?1/ S rT7] NTROLLER N� FROM: 1\ HARRY S. KUB. 411.TIRI, POLICE CHIEF RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 10-59, SECTION 7(1) Name of Grant Program: Tobacco Sales to Minors Grantor: State of Hawaii Department of Health County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): MOA 14-06 Amount of Grant: $12,000.00 Amount of County Match: none County Revenue & Expenditure Account Numbers: 010.201.5216.42: 3305:74 Grant Period(Commencement & Completion): September 1, 2014 to August 31, 2015 Purpose of Grant: To conduct enforcement operations using plainclothes officers to observe tobacco purchase attempts by minor volunteers and cite retail store personnel Is final report required by grantor? E Yes No Notification attached: E Yes 1 I No, because Comm.No..._-----.l � I(O Ref.To: Ref. Date IL ? 3 241111 "Hawai'i County is an Equal Opportunity Provider and Employer" Form NGAI I'05 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 September 1, 2014, 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 Hawaii County Police Department(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 [ ] General or $12,000.00 [ X ] Special DOH REF. NO. 14-06 1 DOH-MOA 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. 14-06 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 By: Print Name: Nancy A. Haag Title: Alcohol and Substance Abuse Administrator Date: CONTRACTOR By: Print Name: WILLIAM P. KENOI Title: Mayor Date: Recommended Approval: n () By°' <, L. Print Name: HARRY S. KUBOJIRI Title: Chief of Police Date: JUL 2 2 2014 DOH REF. NO. 14-06 3 DOH-MOA Signature Attachment: Grant Title: Hawaii Police Department Tobacco Sales to Minors Grantor: State of Hawaii Department of Health Grant Period: 9/1/2014-8/31/2015 Amount of Grant: $12,000.00 Fiscal Year: 2014-2015 APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii Date: STATE OF HAWAI'I ) SS. COUNTY OF HAWAI'I ) On , before me personally appeared WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawai'i, a municipal corporation of the State of Hawai'i that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawai'i, the foregoing instrument was signed and sealed on behalf of the County of Hawai'i by authority given to said Mayor of the County of Hawai'i by Sections 5-1.3 and 13-13 of the County Charter, County of Hawai'i (2010), as amended, and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawai'i. Notary Public, State of Hawai'i Printed Name: My commission expires: NOTARY CERTIFICATION STATEMENT Document Identification or Description: Doc. Date: n Undated at time of notarization No. of Pages: Jurisdiction: Signature of Notary Date of Notarization and Certification Statement Print Name of Notary 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 September 1, 2014 through August 31, 2015. 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, shall be responsible for: DOH REF. NO. 14-06 4 DOH-MOA Attachment 1 (1) Recruiting and training youth and adult volunteers to assist the CONTRACTOR and, (2) Providing information to the CONTRACTOR on names and locations of retail outlets selling tobacco products in Hawaii County. DOH REF. NO. 14-06 5 DOH-MOA Attachment 2 TIME OF PERFORMANCE The CONTRACTOR shall provide the services required under the MOA from September 1, 2014 to and including August 31, 2015, unless this MOA is sooner terminated. DOH REF. NO. 14-06 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 TWELVE THOUSAND AND NO/100 DOLLARS ($12,000.00) of Tobacco Settlement Funds for the total amount of the MOA. The final invoice must be submitted to ADAD no later than September 30, 2015. DOH REF.NO. 14-06 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. 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. 14-06 8 DOH-MOA •