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HomeMy WebLinkAboutCOM 0168.000 1998-2000 oJ~<r or M~~ Ste hen K. Yamashiro p y4/~•; Harry A. Takahashi Mnyor Director p~~0•• „Q•O.'~ S. K. Schulte ~rf OF N~~ Depufy ~ountp of ~amaii DEPARTMENT OF FINANCE 25 Aupuni Street, Room 118 Hilo, Hawaii 96720-4252 (808)9fi1-8234 Faz (808)961-8248 February 18, 1999 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Operating Budget Enclosed is a bill for an ordinance for $35,000 that the U.S. Depaztment of Justice has granted to the Hawaii Police Department for an Organized Crime Drug Enforcement Task Force, to be used for overtime and travel costs incurred by deputized officers during special investigations and prosecutions. Also enclosed is a resolution authorizing the Mayor to enter into an agreement with the U.S. Department of Justice. If there aze any glue~sti~ons/~~please do not hesitate to call the Police Department. ~jI~ C~/UiU ^ti^r'' " H ry A. akal¢ashi Director f Fin ce AP OVED: ephen K. mashiro Mayor Encs. Comm. No. / File No. ~ N 4 ~O PFi Ref. To: F Ref. Dote ~ 2 2 1999 Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: POLICE DATE: 2/5/99 STAFF CONTACT: GARY MAESATO~BUSINESS MANAGER _ PHONE: 961-2279 A. REQUEST: To appropriation an additional $35,000 under account number 010-201-5219.63-115. To enter into a contract with the U.S. Department of Justice Drug Enforcement Administration to provide a OCDETF Grant. B. BACKGROUND AND JUSTIFICATION USE ADDITIONAL SHEETS AS NEEDED The Hawaii County Police Department would like to enter into a contract with the U.S. Department of Justice Drug Enforcement Administration entitled "OCDEFT Grant." This contract will provide funds for overtime and travel costs incurred by deputized officers during special investigations and prosecutions. SIGNED: _ _ _ DATE: Z~/d~_ `.J AMES S. CORREA DEPUTY POLICE CHIEF ACTING POLICE CHIEF Mi~PI _.31 psi 1`:ona CIS F°.:t H0, ,g -,r F. 1 U.S. Deparhnent of Justice United Srotes Attorney Orgnnzed Clime Drug Enforcement Task Force Pacific Region <30 (iotAen Can Avea/u (I1S)<36-68Id P.O. sac 36015 PAX (<1 5)4367027 San Frouisca, G~tl f"Ma ¢f102 sssOCDETF Sensitive-Coutidemisl**• January 29, 1999 Hawaii County Police Department Attn: Lz. John Dawrs 349 Kapiolani Street Hilo, Hawaii 96720 Subject: Organized Crime Drug Enforcement Task Force (OCDETF) State and Local Overtime and Authorized Expense Agreement for Flsca11999 Dear Lt. John Dawrs: The Pacific Region Core City pCDETF Coordination Group approved the OCDI3TF Agreement for the Hawaii County Police Department under the following terms: OCDETF Investigation Number: PA-HI-028 Terms of the Agreement: 10!01198 to 09/30/99 (Fiscal. 1999) Funding Projection: 59,000.00 Sponsoring Federal Agency: Drug Enforcement Administration The requested funding projections were approved and/or modified by the Core City OCDETF Coordination Group. At no time should the State or local agency exceed the approved funding, Funding allocations repr,eaent projections only and therefore are subject to modification by OCDETF based upon the progress and needs of the QCDETF investigation. If additional funding or agreement modifications arc necessary, a written request must be submitted by the sponsoring Federal OCDETF Coordinator to the Assistant 1J.S. Attorney OCDETF Coordinator ptipr to incurring any overtime and/or expenses. The sponsoring Federal agency and Srate or local agency will be notified in writing on the status of the request. Obviously icy ai~pl mgrenL fen in~}y~ill ~ nntingent on h av ilabiiity of f ~n a. Reimbursement requests must be submitted monthly on an OCDETF Reimbursement Request form. Moreover, a request will not be deemed "submitted" for reimbursement purposes unless it is completely and accurately prepared. You must submit a reimbursement request form on a monthly basis even if no expenses were incurred. Approved funds that are not properly submitted on a monthly basis will be de-obligated by the committee to meet other financial comtn. Na ~ 6 8 i, Fc8- ?-°~9 M'N 5:;[ FP+1_ _F:ona CIS F?.X Pi,)__S~~g a~i3~~ P, ? OCDETF Agreement for Piscal 1999 (continued) January 29, 1999 Page 2 - _ . _ _ - responsibilities. Any de-obligations will be noted in writing to the agency holding the original agreement. The StateJlocal agency is responsible for ensuring and monitoring that overtime payments may not, on an annual per person basis, exceed 59,092.00 (cumnt GS-10, Step 1 Federal salary rate in effect for fiscal year beginning January 1999). The field office of the sponsoring Federal agency and the Federal Agency OCDETF Coordinator will also monitor these payments, as stated in section 7 of the agreement. Alt OCDF'TF agreements expire la the fiscal year endinY on September 30, 1999. All fjnai reimbursement requests M[35T be received by our office no later than October 31, 1999. Reimbursement requests received after October 31st, are subject to availability of funds. Enclosed you well find a copy of the approved OCDSI'P Agreement. Copies of the Agreement, Reimbursement Request form and the Policies and Procedures Manual have been forwarded to the appropriate State or local agency. If you have any questions, please do not hesitate to contact me or OCDETF Executive Assistant Fran S. Balicudiong at (415) 436-6732 or your Agency OCDETF Coordinator. Very truly yours, ROBERT S. MUELLER, lII United States Attorn(e1y Il °~fi~~-YN-Yc~ "l l,c~tlX KATHARINE A. BOSTICK ACDETF Attorney-Coordinator Pacific Rcgion Enclosures cc: ASAC William G. Fernandes OCDETF Coordinator 5c8- ?,-99 AION 5:32 FM Kona CIS PAX K0. 3~$ :~"h 4236 3 - 'ORGAivIZE.L Ct...~lE DRC;G E\FORCE~IE~T fORCFS AGREEMENT _ ' ~ n0 D U n` (f~' FOR THE USE OF THE STATE A1~'D LOCAL W~~ ~ l! L~VC, OVERTIME AND AUTHORIZED EXPENSE PROGRAAi ~t 'JCG C Date of Request: 71t? (q 0 Federal Tax Identification d: + t-"C~ ~ ~ t" , DC A': Amount Requa3ted: QD OCDETF Invesli ation 9~ ~ Number: PA-I~I-028 Overtime S~.it ~ - Au[harized ~-G, Expenses S L,- _ . ~ Federal Agency rnvestigation Total S Number: R4-90025 From: Orrnhar 1 1 99R State or Local Agency Name and Address: 8egiaeina Dote or Agreement To: Sevtember 30, 1999 Hawaii County Police Dept. Ending Da4 0[ Agreement 349 Kapiolani Street Stave or Loess Agency Hilo . Hawaii 96720 Contact Person: Lt . Sohn Dawns (803) 961-2328 Telephone Number: ' 808 / 326-4205 r'' (Kailua-Kona uni ) =r~ ' N l Sponsoring Federal Agencyties): c~ 'lru ^nfnrcemant Adminis~~Honolulu) This Agreement is betwetn the above named State or local law enforcement agency and Organized Crime Drug Enforcement Task Force. This Agreement shall be effective when signed by an authorized State or local agency official, the sponsoring Federal Agency Special Agent-In-Charge and Agency OCDETF Coordinator, the Assistant United States Attorney OCDETF Coordinator and the Director of the Executive Office for OCDETF. 1. It is agreed that the State or local few enforcement personnel named on this Agreement wilt assist in Organized Crime Drug 'enforcement Task Force investigations and prosecutions as set foRh in the Qpanized Crime Drug Enforcement Task Force. Guidelines, December 1990. The State/local law enforcement agency agrees to provide experienced drug law enforcement personnel who are identified in this Agreement to work on the specified OCDETF investigation. .Any change in law enforcement officers assigned must be agreed to. by all approving officials. Agreement (Aug. 96). Page t. AFB- 9-99 btCN S:;j PM Kona CIS FAX N0. ?~~i$ 1^0 ?236 P, ~ 3. Officers who aze not deputized shall possess no law enforcement authority other than that conferred by virtue of their position as a commissioned offtcer of their parent agency. Officers who are deputized may possess Federat law enforcement authonty as specified by the agency affording the deputation. 5. Any State or local officers assigned to an OCDETF investigation in accordance with this Agreement are not considered Federal employees and do no[ take on [he benefits of Federal employment by virtue of their participation in [he investigation. 6. The OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation will provide to assigned State/local personnel the clerical, operational and adminis[rative suppott tha[ is mutually agreed to by the parties to this Agreement. 7. The U.S. Depanment of Justice will reimburse the agency for approved overtime costs and authorized travel and per diem expenses fo[ law enforcement officers assigned to the specified OCDETF investigation. The Agency is responsible for paying its employees for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. Analysis of reimbursement claims by the Task Force may resin[ in a modification of the obligation of funds contained within this Agr«men[ as well as the time period concerned. The Agency affected by any such modification will be telephonically advised at least (30) days in advance with follow-up confirmation in writing. Overtime payments, in any event, may not, on an annual per person basis, exceed 2556 of the current G5-10, Step 1 Federal salary rate in effect at the time [he overtime is performed. The State local agency is responsible for ensuring that this annual payment is not exceeded. The field office of the sponsoring Federal agency and the Federal Agency OCDETF Coordinator will also monitor these payments. 8. In no event will the State/local Agency chazge any indirect costs for the administn[ion or implementation of this Agreement. 9. The State1local Agency shall maintain 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 required by the OCDI;TF to facilitate inspection and auditing of such records and accounts. I0. The State/local Agency shall permit and have readily available for examination and auditing by representatives of the OCDETF, the sponsoring Federal agency(ies), the U.S. pepartment of Justice, the Comptroller Genital of the Agreement (Aug. 96), Page 2. FF9- 8-95 MAN x:34 PM Kona Cis FAX NJ. P~~~F ~"F~ 423c P. 5 , . United Stales, andlor any of their Suly authorized agents and representatives, any and all records, documents, accounts, invoices. receipts. or expenditures relating to this Agreement. [n addition. the Agency will maintain al! such foregoing reports and records until all audits and examina[ions aze completed and resolved. _ or for a period of six (6) years after termination of this Agrcement, whichever is - - - sooner. - l 1. The State/local Agency wilt comply with Ti[Se VI of the Civil Rights Act of 1966 and all requirements applicable to OCDETF Agreements pursuant to the regula[ions of the Depanment of Justice lsee, e.g., 28 C.F.R. Part 42, Subparts C and G 28 C.F.R. 30.3 (1991p issued pursuant to Title VI relating to discrimination on [he grounds of race, color, sex, age, national origin or handicap. 12. This Agreement may be terminated by any of the parties by wri[ten notice to the other panies thirty (30) days prior to termination. Billing for outstanding obligations shall be received by the OCDETF within thirty (30) days of the termination. This Agreement is not a contract or obiigation to commit Federal funds in the maximum amounts projected. Funding allocations for the timt period sec forth and agreed to herein represent pmjeciion5 only and aze based upon consultation between the sponsoring Federal agency and the State or local law enforcement agency. They are, therefore, subject to modification by the OCDETF based upon the progress and needs of the OCDEIF investigation. Additionally, resources are contingenr't'on, the availability of funds. Approved By: ~ Chief of Police to- t``t= Authori t Startt~or Lacnl 0$/r cini rde / /-Date Approved ey: ~L~~..r' ~.s~I /ac ll!/IG v ~.Ql~ist't'.y!?i! 14 :~7~ Sponsoring Federal Agenry. Special Agenr m Chargt Dare t / Approved ey: 1~~4s./n .:~~`'/.:<r (r' ~c Spouonn ftdera! Agency OCDEZF Coordinaror Daft i, PProved By: l 9~ Assti Hired Srar s Arrorney OCDETF Coordinator De e Funds arc encumbered for the State local Agency overtime costs and authorized expenses specified above. Approved By: Director, Ezecurive O~cc Jor OCDE7F Dau Agreement (Aug. 96), Page 3. :-9~ MON 5: _i tbI hon~a CI~ hAX: Ii~~, ~~I~c i_;; 1 U.S. Department of Justice United Scares Attorney Organized Crime Drug Enforcement Task Force PactJic Region IJO GoWm Goee Arrnre N13N36d413 P.0. &a J66f3 FAX N/ JN~-~7 dmi Fianai/co, faljJonJa SgQ2 ••'~OCDETF Sensitive-ConPrdentratsrs January 29, 1999 Hawaii County Police Department Attn: Lt. John Dawrs 349 Kapiolani Street xilo, Hawaii 96720 Subject: Organized Crime Drug Enforcement Task Force (OCDETF) State and Local Overtime and Authorized Expense Agreement for Fiscal 1999 Dear Lt. John Dawrs: The Pacific Region Core City OCDETP Coordination Group approved the OCDETF Agreement for the Hawaii County Police Department under the following terms: OCDETF Investigation Number: PA-HI-031 Terws of the Agreement: 10!01/98 to 09/30/99 (Fiscal 1999) Funding Projection: $1,500.00 $por?soring Federal Agency: Dru~ Enforcement Administration The requested funding projections were approved and/or modit'ied by the Core City OCDEfF Coordination Group. At no time should the State or local agency exceed the approved funding. Funding allocations represent projections only and therefore are subject to modification by OCDI3TF based upon the progress and needs of tfie OCDETF investigation. If additional funding oI agreement modifications are necessary, a written request must be submitted by rite sponsoring Federal OCDB'CP Coordinator to the AssistAflt U.S. AtfBlflBy OCDE'TF Coou~dinator gtiQr to incurring any overtime and/or expenses. The sponsoting Federal agency and State or local agency will be notified in writing on the status of the request. bvioucl Reimbursement requests must be submitted monthly on an OCDETF Reimbursement Request form. Moreover, a request will not be deemed "submitted" for reimbursement purposes unless it is completely and accurately prepared. You must submit a reimbursement request form on a monthly basis even if no expenses were incurred. Approved funds that are not properly submitted on a monthly basis will be de-obligated by the committee to meet other financial zr=- :-99 b4''~ j:?1 ?bt ke~na '',I~ FA.X. idd. - ~ OCDETF Agrcematt_ for Fiscal-1999 (continued) _ _ _ _ _ _ _ January 29, 1999 Page 2 responsibilities. Any de-obligations will be noted in writing to the agency holding the original agreement. The State/lacal agency is responsible for ensuring and monitoring t{~at overtime payments may not, on an annual per person basis, exceed $9,092.00 (current GS-10, Step 1 Federal salary rate in effect for fiscal year beginning January 1999). The field office of the sponsoring Federal agency and the Federal Agency OCDEI'F Coordinator will also monitor these payments, as stated in section 7 of the agreement. All OCDETF apreemeats expire Lu the fiscal year ending oa September 30, 1999. All fiaai reimbutsenteut requests MUST be received by our office no later than October 31, 1999. Reimbursement requests received after October 31st, are subject to availability of funds. Enclosed you will find a copy of the approvod t?CDl~'I'E Agreement, Cvpi~s of the Agreement, Reimbursement Request form and the Policies and Procedures Manual. have been forwarded to the appropriate State or local agency. If you have any questions, please do not hesitau to contact me or OCDETF Executive Assistant Fran S. Balicudiong at (415) 436-6732 or your Agency OCDETF Coordinator. Very truly yours, ROBERT S. M1TRT.T AR, III Unite~d /States Attorney •Yc~ KA` TI3ARINE A. BOSTICK OCDI'Pb' Attbi~tey-Coordinator Pacific Region Enclosures cc: ASAC William G. Fernandes OCDETF Coordinator "~-99 ?t[OU 5:4? ?'d Enna CiS FAk PiJ. 9'x'3 3~'0 4'=~~~ P, 1 t ~ 41i~~rjZED ~RL11E DRL:G E`FORCE\lE`T TASK FORCES AGREE~~ENT FOR THE USE OF THE STATE AiYD LOCAL ~ OVERTI11iE AND AUTHORIZED EXPENSE PROG v _ ~ 7/17/98 " Dare of Request: ' ~ ~ / ~ ~'~_~tt . C~~'.. Federal Tax IdenliFca ' N: ~ ~ C ~i. Amount Requested: r/ r-- Bar OCDETF Investis ation 000• ~umher: PA-Ill-031 Overtime 5 Authorized 8•Z~`d Expenses S 4~ n ~ Federal Agency Investigation IE Total 5 UD Vumber: From: October 1. 1998 State or Local Agency Yame and Address: Beginning Date of Agreement To: S@~ytPJnher 30 1~9 Haw "i o my Policy Deg", Endinq Dau or Agreement 349 Kapiolani Street State or Local Agency Hilo, Hawaii 9672 Contact Person: Lt. John Dawrs Telephone \umbcr:898/326-4205 _ Kailua-Kona unit) Sponsoring Federal Agency(iesl: ~ - - Drue~ Fnfo~cament Admini a ration ~ This Agreement is between the above named State or local taw tnforcement agency and Organized Crime Drug Enforcement Task Force. This Agreement shall be effective when signed by an authorized State or local agency ofticiai, the sponsoring Federal Agency Special Agen[-In-Charge and Agency OCDETF Coordinator, the Assistant United SW[es Attorney OCDETF Coorditator and the Director of the Executive Office for OCDETF. 1. It is agreed that the State or local law enforcement personnel named on this Agrcement will assist in Organized Crime Drug Enforcement Task Force investigations and prosecutions as set forth in the Q[panized Ctime Drug ~nfo~r em_~nt Task Forgg,, Guidelines, December 1990. The State/local law enforcemen[ agency agrees to provide experienced drug law ~A~¢~~~~ent ~et~o~n2l why ~r~ identified in this r1g[~emant tQ wQrk on the specified b~~ETF inYF~~ig~t~a~" :gnu chza$e in liw enforcement flEfiFyr~ assigned must be agrees! to by a~~ approving o~ti~t~j. FFF- ?-99 ?dCFi 7:2~ Fit Fiona Cis FAQ s;?n ' 3. 4ll'14CI5 whp ire not deputized shall possess no law enforcement authority other than that conferred by virtue of their posi[ion as a commissioned ofticer of their . parent agency. Officers who are deputized may possess Federal taw enforcement authority as specified by the agency affording the deputation. 5. Any State or local offtcers assigned to an OCDETF investigation in accordance with this Agreement are no[ considered Federal employees and do not take on the benefits of Federal employment by vittue of their participation in the investigation. 6. The OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation wilt provide m assigned Statellocal personnel rho clerical, OQtrallOllal d11A 3dm1R1{Srative support chat is mutually agreed to by the parties to this Agreement. 7. The U.S. Department of Justice will reimburse the agency for approved overtime costs and authorized [ravel and per diem expenses for law enforcement officers assigned to the specified OCDETF investigation. The Agency is responsible for paying its employees for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims ml1St be submitted monthly 4P the QGDETF Reimbursement Request Form. Analysis of reimbursement claims by the T2sk Force may result in a modiftcation of the obligation of funds contained within this Agreement as well as the [ime period concerned. The Agency affected by any such modification will be telephonically advised at least (30) days in advance with follow-up confirmation in writing. Overtime payments, in any event,, may not, on an annual per person basis, exceed 25% of the current GS-10, Step 1 Federal salary rate in effect at the time the overtime is performed. The State/local agency is responsible t`or ensuring that this annual p~ymeet 1S eat exeEeded. The field office of the sponsoring Federal agency and the Federal Agency OCDbTF Coordinator will also monitor these payments. 8. In no event will the Statellocal Agency chazge any indirect costs for the administration or implementation of this Agreement, 9. Tha State local Agency shall maintain complete and accurate records and aceGutltS of all obligations and expenditures of funds under this Agreement in accordance with generally accepted accounting principles and instructions required by the OCDETF [o facilitate inspection and auditing of such records and accounts. 10. The State/local Agency shall permi[ and have readily available for examination and auditing by representativts of the OCDETF, the sponsoring Federal agency(ies), the U.S. Department of Justice, the Comptroller General of the Agreement (Aug. 96), Page 2. zB- 9-Q9 MOM 7:2b PM Kona GIS PP.K MO, tl0~=~ ;,5 i'. 5 United States, andlor any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts, or expenditures relating [o this Agreement. In addition, the Agency will maintain all such foregoing ' reports and records until alt audits and examinations arc completed and resolved, or for a period of six (6) years after termination of this Agreement, whichever is - - sooner. 11. The State/local Agcncy wilt comply with Title Vl of the Civil Rights Act of t964 and all requirements applicable to OCDETF Agreements pursuant to the regulations of the Depanment of Justice (sec, e.g., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. ~b.3 (1941)) issued pursuant to Title VI relating ro discrimination on the grounds of race, color, sex, age, national origin or handicap. 12. This Agreement may be terminated by any of the parties by written notice to the other parties thiny (30) days prior to termination. Billing for outstanding obligations shalt be received by the OCD6TF within thirty (30) days of the termination. This Agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for [he time period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal agency and the State or loca3 law enforcement agency. They are, therefore, subject to modification by the OCDETF based upon the progress and needs of the OCDETF investigation. Additionally. resourc~~e//s~~ p~are c(o~'~~n~~ti~~ng~~e~~n~~t ~on the availability of funds. Approved By: ~^~'t~ G'~`''r'W`'~w ~4tief of Police i0 t-t,~ Au~rhori- rate nr Locnl O~rin1 TJrlr Aare 9 approved By: J.~r~-I~~~.1J ~1 ~f~ ~i~.l)P~ A+VJ,~ 1i.~ 1Q1~~~ Sponsoring Fedora! Agency. Spec~a! Agent in Charge Date L ~r A prov y: ~i' 7`~i ;;rte ~L= ~~-%T'~ Spanrorin Fed ra! Agenry OCD£7F Coardincror Dare roved By: la bt 4a rlt~rtttttru oiled St u +trtorn , OCDEIF Coordi+wrar pare Fundsaze encumbered for the Statellocal Agency overtime costs and authorized expenses specified above. Approved By: Dirraor, Ezecurive O~re~~r OCDETF Dare Agreement (Aug. 96). Page 3. U.S. Depa f Justice ,~,;-a ' ^ + - 4 United States Atto ~ ~ - _ ' Organized Crime Drug Enforcement Task Force ' Pty 2: 23 Pacific Region 1994 FEB ' r HA - - - - - ISO Goldin Gate Avenue (415)436-6813 P.O. Bas 36045 FAX (415)4367027 Smi FnvicUco, Cdljomta A4r02 ***OCDETF Sensitive-Confidential*** January 29, 1999 Hawaii County Police Department Attn: Chief of Police Wayne Carvatho 349 Kapiolani Street Hilo, Hawaii 96720 Subject: Organized Crime Drug Enforcement Task Force (OCDETF) State and Local Overtime and Authorized Expense Agreement for Fiscal 1999 Dear Chief of Police Wayne Carvalho: The Pacific Region Core City OCDETF Coordination Group approved the OCDETF Agreement for the Hawau County Police Department under the following terms: OCDETF Investigation Number: PA-HI-031 Terms of the Agreement: 10/01/98 to 09/30/99 (Fiscal 1999) Funding Projection: $3,500.00 Sponsoring Federal Agency: Drug Enforcement Administration The requested funding projections were approved and/or mod~ed by the Core City OCDEI'F Coordination Gmup. At no time should the State or local agency exceed the approved funding. Funding allocations represent projections only and therefore are subject to modification by OCDETF based upon the progress and needs of the OCDETF investigation. If additional funding or agreement modifications are necessary, a written request must be submitted by the sponsoring Federal OCDETF Coordinator to the Assistant U.S. Attorney OCDETF Coordinator p~ to incurring any overtime and/or expenses. The sponsoring Federal agency and State or local agency will be notified in writing on the status of the request. Obviously gpy~y~lemental funding will be contingent on the availahilily of funds. Reimbursement requests must be submitted monthly on an OCDETF Reimbursement Request form. Moreover, a request will not be deemed "submitted" for reimbursement purposes unless it is completely and accurately prepared. You must submit a reimbursement request form on a monthly basis even if no expenses were incurred. Approved funds that aze not properly submitted on a monthly basis will be de-0bligated by the committee to meet other financial ?.395 OCDETF Agreement for Fiscal 1999 (continued) January 29, 1999 Page 2 responsibilities. Any de-0bligations will be noted in writing to the agency holding the original agreement. The State/local agency is responsible for ensuring and monitoring that overtime payments may not, on an annual per person basis, exceed $9,092.00 (current GS-10, Step 1 Federal salary rate in effect for fiscal year beginning January 1999). The field office of the sponsoring Federal agency and the Federal Agency OCDETF Coordinator will also monitor these payments, as stated in section 7 of the agreement. All OCDETF agreements expire in the fiscal year ending on September 30, 1999. All final reimbursement requests MUST be received by our office no later than October 31, 1999. Reimbursement requests received after October 31st, are subject to availability of funds. Enclosed you will find a copy of the approved OCDETF Agreement. Copies of the Agreement, Reimbursement Request form and the Policies and Procedures Manual have been forwarded to the appropriate State or local agency. If you have any questions, please do not hesitate to contact me or OCDETF Executive Assistant Fran S. Balicudiong at (415) 436-6732 or your Agency OCDETF Coordinator. Very truly yours, ROBERT S. MUELLER, III United~Sta^tes Atto~rney~J((j )i ,~//n`' / KATHARINE A. BOSTICK OCDETF Attorney-Coordinator Pacific Region Enclosures ce: ASAC William G. Fernandes OCDETF Coordinator ' ORGANIZ ~ CIE DRtiG E\FORCEJIE~ FORCES AGREEMENT ~ J _;~~i~~~h,"I~~. FOR THE USE OF 7'rIE STATE AND LOCAL~-~~ 11 ~li ~ II LPL OVERTIh1E AND AUTHORIZED EXPENSE PROGRAl~i Date of Request: 07 / 23 / 98 Federal Tax Identification DC,Y: Amount Requested: OCDETF Investi ation Numher: PA-1~L-031 Overtime S GOf7. Authorized Expenses S ~ ~ DO, the //~A/.~y Federal Agency Investigation Total 5 3 j OG. Oc~ Numher. R4-98-0063 From: October 1. 1998 State or Local Agency Name and Address: Beginning Date of Agreement To: SQnramher 't0. 1999 Hawaii County Police Dept_ Ending Date of Agreement 349 Kapiolani Street v, State or Loral Agency Hilo. HI 96720 _ Contact Person: ida~nP Carvalho. Chi f of Police Telephone Number:808/961-2244 c~ , ; - - : ; Sponsoring Federal Agency(iesl: ~ - rr, T~rvg Fnforramant Admi ni stration This Agreement is between the above named State or local law enforcement agency and Organize Crime Drug Enforcement Task Force. This Agreement shall be effective when signed by an authorized State or local agency official, the sponsoring Federal Agency Special Agent-In-Charge and Agency OCDETF Coordinator, the Assistant United States Attorney OCDETF Coordinator and the Director of the Executive Office for OCDETF. 1. I[ is agreed that the State or local law enforcement personnel named on this Agreement will assist in Organized Crime Drug Enforcement Task Force investigations and prosecutions as sr' forth in the Organized Crime DruP Fnfor~PrnPnr Task Force. Guidelines, December 1990. 2. The State/local law enforcement agency agrees to provide experienced drug law enforcement personnel who are identified in this Agreement to work on the specified OCDETF investigation. Anv change in law enforcement officers assigned must be agreed to by all approving officials. Agreement (Aug. 96), Page 1. United States, and/or any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts, or expenditures relating to this Agreement. In addition, the Agency will maintain all such foregoing repom and records until all audits and examinations aze completed and resolved, or for a period of six (6) years after termination of this Agreement, whichever is sooner. 11. The State/local Agency will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF Agreements pursuant to the regulations of the Department of Justice (see, e. g., 28 C.F.R. Pan 42, Subparts C and G; 28 C.F.R. X0.3 (1991)) issued pursuant to Title VI relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 12. This Agreement may be terminated by any of the parties by written notice to the other parties thirty (30) days prior to termination. Billing for outstanding obligations shall be received by the OCDETF within thirty (30) days of the termination. This Agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal agency and the State or local law enforcement agency. They are, therefore, subject to modification by the OCDETF based upon the progress and needs of the OCDETF investigation. Additionally, resources are co~n~[i~ng~e~nt(o~n the availabili[y of funds. Approved By: Chief of Police SEP 1 5 '.`_'?g ,luthor d Stare or Lacnl Officio[ Title Dare 7 Approved By: llr-~' ~j'_ ~/lc~ ~~~5-~ %!~1`` on//coring F er Agency eaal Agent in Charge Date pro•:ed By: LG~ r' l G' Spouoring tdera Agency OCDETF Coordinator Date PProved By: 9 Assittanr nired Star Attorney CDEZF Coordirwror D e Funds are encumbered for the State/local Agency overtime costs and authorized expenses specified above. Approved By: Director, Executive OffceJ'or OCDE7F Dare Agreement (Aug. 96), Page 3. U.S. Depa .nt o+f Justice United States Attorney Organized Crime Drug Enforcement Task Force Pacific Region uo corem carr (as}~6-6e~s P.O. Bax 36045 FAX (475N36-T717 Smi Frm~ctrco, CaHfomta 94102 ***OCDETF Sensitive-Confidential*** January 29, 1999 Hawaii County Police Department Attn: Acting Captain Norman Keamo 349 Kapiolani Street Hilo, Hawaii 96720 Subject: Organized Crime Drug Enforcement Task Force (OCDETF) State and Local Overtime and Authorized Expense Agreement for Fiscal 1999 Dear Acting Captain Norman Keamo: The Pacific Region Core City OCDETF Coordination Group approved the OCDETF Agreement for the Hawaii County Police Department under the following terms: OCDETF Investigation Number: PA-HI-029 Terms of the Agreement: 10/01/98 to 09/30/99 (Fiscal 1999) Funding Projection: $5,000.00 Sponsoring Federal Agency: Federal Bureau of Investigation The requested funding projections were approved and/or modified by the Core City OCDETF Coordination Group. At no time should the State or local agency exceed the approved funding. Funding allocations represent projections only and therefore are subject to modification by OCDETF based upon the progress and needs of the OCDETF investigation. If additional funding or agreement modifications are necessary, a written request must be submitted by the sponsoring Federal OCDETF Coordinator to the Assistant U.S. Attorney OCDETF Coordinator 11I14i to incurring any overtime and/or expenses. The sponsoring Federal agency and State or local agency will be notified in writing on the status of the request. bviously 3py~+vnlemenL fi~ndine will be crnNngent on he av itahility of ~ndc, Reimbursement requests must be submitted monthly on an OCDETF Reimbursement Request form. Moreover, a request will not be deemed "submitted" for reimbursement purposes unless it is completely and accurately prepared. You must submit a reimbursement request form on a monthly basis even if no expenses were incurred. Approved funds that are not properly submitted on a monthly basis will be de-obligated by the committee to meet other financial OCDETF Agreement for Fiscal 1999 (continued) January 29, 1999 Page 2 responsibilities. Any de-obligations will be noted in writing to the agency holding the original agreement. The Statellocal agency is responsible for ensuring and monitoring that overtime payments may not, on an annual per person basis, exceed $9,092.00 (current GS-10, Step 1 Federal salary rate in effect for fiscal year beginning January 1999). The field office of the sponsoring Federal agency and the Federal Agency OCDETF Coordinator will also monitor these payments, as stated in section 7 of the agreement. All OCDETF agreements expire in the fiscal year ending on September 30, 1999. All final reimbursement requests MUST be received by our office no later than October 31, 1999. Reimbursement requests received after October 31st, are subject to availability of funds. Enclosed you will find a copy of the approved OCDETF Agreement. Copies of the Agreement, Reimbursement Request form and the Policies and Procedures Manual have been forwarded to the appropriate State or local agency. If you have any questions, please do not hesitate to contact me or OCDETF Executive Assistant Fran S. Balicudiong at (415) 436-6732 or your Agency OCDETF Coordinator. Very truly yours, ROBERT S. MUELLER, III United States Attorney ~K~--J 4 KATHARINE A. BOSTICK OCDETF Attorney-Coordinator Pacific Region Enclosures ce: SSA Bruce Burroughs OCDETF Coordinator ORGANIZ VIE DRL:G EvFORCE~IE~ ASk FORCES ~ ; n fl I 1 n .r : - AGREEMENT II~'qq~I ~I~ L;l ~ll ti ilLi~ L~ i=. ` FOR THE USE OF THE STATE AND LOCAL OVERTIb1E AND AUTHORIZED EXPENSE PROGRAM Date of Request: $ / 3 / 98 - - - Federal Tax IdentiFication DC Amount Requested: OCDETF Investigation Yumher: PA-HI-029 Overtime S Authorized Expenses S o~ Federal Agency Investigation Total S S~t:'D~ Yumber: From: ()crnhar 1 1 994 State or Local Agency Name and Address: Beginning Date of Agreement To: SP~tamhar 'i0 1999 Hawaii County Police DPpt_ Ending Date of Agreement 349 Kapj of ani SYTPPt State or Local Agency Hi 1 n, Hawaii 9F,79;1 Contact Person: _~orman Keamo, Actin Canton Telephone Yumber:803/961-2244 ~ ~ ; , Sponsoring Federal Agency(ies): - Federal Bureau of Investigation = ~ ~ This Agreement is between the above named State or local law enforcement agency and Organized Crime Drug Enforcement Task Force. This Agreement shall be effective when signed by an authorized State or local agency official, the sponsoring Federal Agency Special Agent-In-Charge and Agency OCDETF Coordinator, the Assistant United States Attorney OCDETF Coordinator and the Director of the Executive Office for OCDETF. 1. [t is agreed that the State or local law enforcement personnel named on this Agreement will assist in Organized Crime Drug Enforcement Task Force investigations and prosecutions as set forth in the Organized Crime Drug Enforcement Task Force. Guidelines, December 1990. 2. The State/local law enforcement agency agrees to provide experienced drug law enforcement personnel who are identified in this Agreement to work on the specified OCDETF investigation. Any change in law enforcement officers assigned must be agreed to. by all approving officials. Agreement (Aug. 96), Page 1. 3. Officers w~~~ are not' deputized shall possess no law enforcement authority other than that conferred by virtue of their position as a commissioned officer of their parent agency. 1. Officers who are deputized may possess Federal law enforcement authority as specified by the agency affording the deputation. 5. Any State or local officers assigned to an OCDETF investigation in accordance with this Agreement are not considered Federal employees and do not take on the benefits of Federal employment by virtue of their participation in the investigation, 6. The OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation will provide to assigned State/local personnel the clerical, operational and administrative support that is mutually agreed to by the parties [o this Agreement. 7. The U.S. Department of Justice will reimburse the agency for approved overtime costs and authorized travel and per diem expenses for law enforcement officers assigned to the specified OCDETF investigation. The Agency is responsible for paying its employees for their overtime, travel and per diem expenses. To ensure proper and complete utiliza[ion of OCDETF overtime and expense allocations, reimbursement claims mus[ be submitted monthly on the OCDETF Reimbursement Request Form. Analysis of reimbursement claims by the Task Force may result in a modification of [he obligation of funds contained within this Agreement as well as the time period concerned. The Agency affected by any such modification will be telephonically advised a[ feast (30) days in advance with follow-up confirmation in writing. Overtime payments, in any event, may not, on an annual per person basis, exceed 25% of the current GS-10, Step 1 Federal salary rate in effect at the time the overtime is performed. The State/local agency is responsible for ensuring that this annual payment is not exceeded. The field office of the sponsoring Federal agency and the Federal Agency OCDETF Coordinator will also monitor these payments. 8. In no event will the State/local Agency chazge any indirect costs for the administration or implementation of this Agreement. 9. The State/local Agency shall maintain 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 required by the OCDETF to facilitate inspection and auditing of such records and accounts. 10. The State/local Agency shall permit and have readily available for examination and auditing by representatives of the OCDETF, the sponsoring Federal agency(ies), the U.S. Department of Justice, the Comptroller General of the Agreement (Aug. 96), Page 2. United Stages, and/tlr any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts, or expenditures relating to this Agreement. In addition, the Agency will maintain all such foregoing reports and records until all audits and examinations are completed and resolved, or for a period of six (6) years after termination of this Agreement, whichever is sooner. 1 i. The State/local Agency will comply with Title V[ of the Civil Rights Act of 1964 and all requirements applicable to OCDETF Agreements pursuant to the regulations of the Department oflustice (see, e.g., 28 C.F.R. Part 42, Subpans C and G; 28 C.F.R. 50.3 (1991)) issued pursuant to Title VI relating [o discrimination on the grounds of race, color, sex, age, national origin or handicap. 12. This Agreement may be terminated by any of the parties by written notice to the other parties thirty (30) days prior to termination. Billing for outstanding obligations shall be received by the OCDETF within thirty (30) days of the termination. This Agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal agency and [he State or local law enforcement agency. They aze, therefore, subject to modification by the OCDETF based upon the progress and needs of the OCDETF investigation. Additionally, reso~u/rces are conyyti~~ng~~en~~t{{ow~n the availability of funds. Approved By: r~{~~'C""'^'~" Chief of Police O~' ~~-;Y'~ Aurhori ed Sure or Locn( OjjScial Tirle Dare Approved By: ~'t~-~ ~G ~ • a~ • f` Sponsorin,(Ftd~eral~Agency Special Agenr in Charge Datt Approved By: ~~a~4 ?'yL ~F/ ~ I D'2.1~r Spouoring Fedoal Agency OCDETF Coordinator DarTe Approved By: ~ ~°2y 9 Astisrant red Sraru rrornev E7F Coordinaror Dar Funds are encumbered for the Statellocal Agency overtime cosu and authorized expenses specified above. Approved By: Director, Esecurive Office for OCDE7F Date Agreement (Aug. 96), Page 3. U.S. Depa. aat of Justice United States Attorney Organized Crime Drug Enforcement Task Force Pack Region ISO Golden Gate Avrnae (OIS~36-6813 P.O. Bax 36015 FAX (I1SJI36-7027 San Frm~cleeo, CaBfotnla A1102 '~"OCDETF Sensitive-Confidential::: January 29, 1999 Hawaii County Police Department Attn: Lt. Chad Fukui 349 ICapiolatu Street Hilo, Hawaii 96720 Subject: Organized Crime Drug Enforcement Task Force (OCDETF) State and Local Overtime and Authorized Expense Agreement for F'~scal 1999 Dear Lt. Chad Fukui: The Pacific Region Core City OCDETF Coordination Group approved the OCDETF Agreement for the Hawaii County Police Department under the following terms: OCDETF Investigation Number: PA-HI-031 Terms of the Agreement: 10/01/98 to 09/30/99 (Fiscal 1999) Funding Projection: $3,500.00 Sponsoring Federal Agency: Drug Enforcement Administration The requested funding projections were approved and/or mod~ed by the Core City OCDETF Coordination Group. At no time should the State or local agency exceed the approved funding. Funding allocations represent projections only and therefore aze subject to modification by OCDETF based upon the progress and needs of the OCDETF investigation. If additional funding or agreement modifications aze necessary, a written request must be submitted by the sponsoring Federal OCDETF Coordinator to the Assistant U.S. Attorney OCDETF Coordinator tlIlpi to incurring any overtime and/or expenses. The sponsoring Federal agency and State or local agency will be notified in writing on the status of the request. Obviously any~mnlem -n al roding will be cnnfln~nt on he av ;lability of mds. Reimbursement requests must be submitted monthly on an OCDETF Reimbursement Request form. Moreover, a request will not be deemed "submitted" for reimbursement purposes unless it is completely and accurately prepared. You must submit a reimbursement request form on a monthly basis even if no expenses were incurred. Approved funds that aze not properly submitted on a monthly basis will be de-obligated by the committee to meet other financial OCDETF Agreement for Fiscal 1999 (continued) January 29, 1999 Page 2 responsibilities. Any de-obligations will be noted in writing to the agency holding the original agreement. The State/local agency is responsible for ensuring and monitoring that overtime payments may not, on an annual per person basis, exceed $9,092.00 (current GS-10, Step 1 Federal salary rate in effect for fiscal year beginning January 1999). The field office of the sponsoring Federal agency and the Federal Agency OCDETF Coordinator will also monitor these payments, as stated in section 7 of the agreement. All OCDET'F agreements expire in the fiscal year ending on September 30, 1999. All final reimbursement requests MUST be received by our office no later than October 31, 1999. Reimbursement requests received after October 31st, are subject to availability of funds. Enclosed you will find a copy of the approved OCDETF Agreement. Copies of the Agreement, Reimbursement Request form and the Policies and Procedures Manual have been forwarded to the appropriate State or local agency. If you have any questions, please do not hesitate to contact me or OCDETF Executive Assistant Fran S. Balicudiong at (415) 436-6732 or your Agency OCDETF Coordinator. Very truly yours, ROBERT S. MUELLER, III Uni States Attorney {J/ KATHARINE A. BOSTICK OCDETF Attorney-Coordinator Pacific Region Enclosures cc: ASAC William G. Fernandes OCDETF Coordinator ~ ~ ORGANI: L14E DRUG ENFORCEJIE: fASi~ FORCES 1 AGREEMENT ~ ie1;~r;,., ` FOR THE USE OF THE STATE AND LOCAL ~~I~(~U~I~J ~Li L~ OVERTIME AND AUTHORIZED EXPENSE PROGRAItI Date of Request: 7 / 17 / 9 8 Federal Tax [dentifintion p: DC Amount Requested: OCDETF Investigation Number: PA-HI-031 Overtime S UfJG . ~ .luthoriud / / Expenses S 1 ~5 G'D . ~ /~AUfs! ~ Federal Agency Investigation Total S Gd ~ Number: R4-98-0063 From: State or Local Agency Name and Address: Beginoiog Dote o Agreement To: September 30, 1999 Hawaii County Police Dept. Ending Date of Agreement 349 Kapiolani Street State or Lacal Agency Hilo, Hawaii 96720 Contact Person: Lt . Chad Fukui =~i Telephone Number: 308/961-2253 N (Hilo unit) ~ p Sponsoring Federal Agency(ies): - v r ' - ~n Drub Enforcement Administration This Agreement is between the above named State or local law enforcement agency and Organized Crime Drug Enforcement Task Force. This Agreement shall be effective when signed by an authorized State or local agency official, the sponsoring Federal Agency Special Agent-In-Charge and Agency OCDETF Coordinator, the Assistant United States Attorney OCDETF Coordinator and the Director of the Executive Office for OCDETF. 1. It is agreed that the State or local law enforcement personnel named on this Agreement will assist in Organized Crime Drug Enforcement Task Force investigations and prosecutions as set forth in the Qpanized Crime Drug F~fnrrrmrnt Taclr Fnrre. uidelines, December 1990. 2. The State/local law enforcemen[ agency agrees to provide experienced drug law enforcement personnel who are identified in this Agreement to work on the specified OCDETF investigation. Any change in law enforcement officers assigned must be agreed to. by all approving officials. Agreement (Aug. 96). Page 1. 3. Officers who aze not deputized shall possess no law enforcement authority other [han that conferred by virtue of their position as a commissioned officer of their parent agency. 4. Officers who are deputized may possess Federal law enforcement authority as specified by the agency affording the deputation. 5. Any State or local officers assigned to an OCDETF investigation in accordance with this Agreement are not considered Federal employees and do not take on the benefits of Federal employment by virtue of their participation in the investigation. 6. The OCDETF and the sponsoring Federal taw enforcement agency(ies) for the approved OCDETF investigation will provide to assigned State/local personnel the clerical, operational and administrative support that is mutually agreed to by the parties to this Agreement. 7. The U.S. Department of Justice will reimburse the agency for approved overtime costs and authorized travel and per diem expenses for law enforcement officers assigned to the specified OCDETF investigation. The Agency is responsible for paying its employees for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. Analysis of reimbursement claims by the Task Force may result in a modification of the obligation of funds contained within [his Agreement as well as the time period concerned. The Agency affected by any such modification will be telephonically advised at least (30) days in advance wi[h follow-up confirmation in writing. Overtime payments, in any event, may not, on an annual per person basis, exceed 25% of the current GS-L0, Step 1 Federal salary rate in effect at the time the overtime is performed. The State/local agency is responsible for ensuring that this annual payment is not exceeded. The field office of the sponsoring Federal agency and the Federal Agency OCDETF Coordinator will also monitor these payments. 8. In no event will the State/local Agency charge any indirect costs for the administration or implementation of this Agreement. 9. The State/local Agency shall maintain 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 required by the OCDETF to facilitate inspection and auditing of such records and accounts. I0. The State/local Agency shall permit and have readily available for examination and auditing by representatives of the OCDETF, the sponsoring Federal agency(ies), the U.S. Department of Justice, the Comptroller General of the Agreement (Aug. 96), Page 2. United States, and/or any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts, or expenditures relating to this Agreement. In addition, the Agency will maintain all such foregoing reports and records until all audits and examinations are completed and resolved, or for a period of six (6) years after termination of this Agreement, whichever is sooner. L 1. The State/local Agency will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF Agreements pursuant to the regulations of the Department of Justice (see, e.g., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. X0.3 (1991)) issued pursuant to Title VI relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 12. This Agreement may be terminated by any of the parties by written notice to the other parties thirty (30) days prior to termination. Billing for outstanding obligations shall be received by the OCDETF within thirty (30) days of the termination. This Agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth and agreed to herein represent projec[ions only and are based upon consultation between the sponsoring Federal agency and the State or local law enforcement agency. They are, therefore, subject to modification by the OCDETF based upon the progress and needs of the OCDETF investigation. Additionally, resources are/,contingent on the availability of funds. Approved By: GQ~/~1A Chi Pf n Police ~"l ~'y1' Aurhori~e State or Loca! OjJi cia! Title Dare Approved By: ~1~,^ : onsoring Fe e~r Agenry S cia! Agent ~n Char e Da_te / ~J roved By: 1Ci~/'/1%- ~ 1~,~;~i~^ ~ /y~ ~C Sponsoring Fedcra7gmcy OCDETF Coordinator Date Approved By: w. z7 zc F F ` Assirraru iced Slaty Attorney DE7F Coordinator D to Funds arc encumbered for the State/local Agency overtime costs and authorized expenses specified above. Approved By: Director, Executive Office jot OCDE7F Date Agreement (Aug. 96), Page 3. U.S. Depar6 c of Justice United States Attorney Organized Crime Drug Enforcement Task Force Pack Region ISO Golden Gau Avenue (IISN36-68/3 P.O. Bar 360(5 Fi1X (Il SJI36-NY27 S~ Fnaeireo, CaBJomla 91102 ***OCDETF Sensitive-Confidential*** January 29, 1999 Hawaii County Police Department Attn: Lt. Chad Fukui 349 Kapiolani Street Hilo, Hawaii 96720 Subject: Organized Crime Drug Enforcement Task Force (OCDETF) State and Local Overtime and Authorized Expense Agreement for Fiscal 1999 Deaz Lt. Chad Fukui: The Pacific Region Core City OCDETF Coordination Group approved the OCDETF Agreement for the Hawau County Police Department under the following terms: OCDETF Investigation Number. PA-HI-028 Terms of the Agreement: 10/01/98 to 09/30/99 (Fiscal 1999) Funding Projection: $12,500.00 Sponsoring Federal Agency: Drug Enforcement Administration The requested funding projections were approved and/or modified by the Core City OCDETF Coordination Group. At no time should the State or local agency exceed the approved funding. Funding allocations represent projections only and therefore aze subject to modification by OCDETF based upon the progress and needs of the OCDETF investigation. If additional funding or agreement modifications are necessary, a written request must be submitted by the sponsoring Federal OCDETF Coordinator to the Assistant U.S. Attorney OCDETF Coordinator gIIpl to incurring any overtime and/or expenses. The sponsoring Federal agency and State or local agency will be notified in writing on the status of the request. Obviously gpy ciygpj m n a1 fi~ndipp will be contingent on he a ilabilitXof ends, Reimbursement requests must be submitted monthly on an OCDETF Reimbursement Request form. Moreover, a request will not be deemed "submitted" for reimbursement purposes unless it is completely and accurately prepared. You must submit a reimbursement request form on a monthly basis even if no expenses were incurred. Approved funds that are not properly submitted on a monthly basis will be de-obligated by the committee to meet other financial OCDETF Agreement for Fiscal 1999 (continued) January 29, 1999 Page 2 responsibilities. Any de-obligations will be noted in writing to the agency holding the original agreement. The State/local agency is responsible for ensuring and monitoring that overtime payments may not, on an annual per person basis, exceed $9,092.00 (current GS-10, Step 1 Federal salary rate in effect for fiscal year beginning January 1999). The field office of the sponsoring Federal agency and the Federal Agency OCDETF Coordinator will also monitor these payments, as stated in section 7 of the agreement. All OCDETF agreements expire in the fecal year ending on September 30, 1999. All flnsl reimbursement requests MUST be received by our office no later than October 31, 1999. Reimbursement requests received after October 31st, are subject to availability of funds. Enclosed you will find a copy of the approved OCDETF Agreement. Copies of the Agreement, Reimbursement Request form and the Policies and Procedures Manual have been forwazded to the appropriate State or local agency. If you have any questions, please do not hesitate to contact me or OCDETF Executive Assistant Fran S. Balicudiong at (415) 436-6732 or your Agency OCDETF Coordinator. Very truly yours, ROBERT S. MUELLER, III United States Attorney THARINE A. BOSTICK OCDETF Attorney-Coordinator Pacific Region Enclosures ce: ASAC William G. Fernandes OCDETF Coordinator ORGANIZI : IE DRUG EvFORCE~IEN" .SK FORCES AGREEi~iENT ` FOR THE USE OF THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PRbGRA1~I Date of Request: 7 / 17 / 98 Federal Tax Identification DC _ ~ ~ ~ Amount Requested: OCDETF Investigation Nwnher: PA-HI-028 Overtime S ~C, Qli~ , Authorized „o - Expenses S S~~ ~ /r~Lr<~ 40 On Federal Agency Investigation Total S ~~-S Numher. TZ(~_q~_~r)75 From: October 1, 1998 State or Local Agency Name and Address: Beginoiog Date of Agreetnent To: September 30, 1999 Hawaii County Police Dept. Ending Date of Agreement 349 Kapiolani Street State or Local Agency Hilo, Hawaii 96720 Contact Person: Lt . Chad Fukui (308) 961-2328 Telephone Number: 308/961-2253 ~ ; Hilo unit - - v - r,> Sponsoring Federal Agency(ies): Drug Enforcement Administration (Honolulu) - cn c_' This Agreement is between the above named State or local law enforcement agency and Organized Crime Drug Enforcement Task Force. This Agreement shall be effective when signed by an authorized State or local agency official, the sponsoring Federal Agency Special Agent-In-Charge and Agency OCDETF Coordinator, the Assistant United States Attorney OCDETF Coordinator and the Director of the Executive Office for OCDETF. 1. It is agrtxd that the State or local law enforcement personnel named on this Agreement will assist in Organized Crime Drug Enforcement Task Force investigations and prosecutions as set forth in the ~panized Crime Drug FnfnrrrmP~r Tack Force. Guidelines, December 1990. 2. The State/local law enforcement agency agrees to provide experienced drug law enforcement personnel who are identified in this Agreement to work on the specified OCDETF inves[igation. Any change in law enforcement officers assigned must be agreed to by all approving officials. Agreement (Aug. 96), Page 1. 3. Officers who are not deputized shall possess no law enforcement authority other than that conferred by virtue of their position as a commissioned officer of their parent agency. 4. Officers who are deputized may possess Federal law enforcemen[ authority as specified by the agency affording the deputation. 5. Any State or local offtcers assigned to an OCDETF investigation in accordance with this Agreement are not considered Federal employees and do not take on the benefits of Federal employment by virtue of their participation in the investigation. 6. The OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation will provide to assigned State/local personnel the clerical, operational and administrative support that is mutually agreed to by the parties to this Agreement. 7. The U.S. Department of Justice will reimburse the agency for approved overtime costs and authorized travel and per diem expenses for law enforcement officers assigned to the specified OCDETF investigation. The Agency is responsible for paying its employees for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. Analysis of reimbursement claims by the Task Force may result in a modification of the obligation of funds contained within this Agreement as well as [he time period concerned. The Agency affected by any such modification will be telephonically advised at least (30) days in advance with follow-up confirmation in writing. Overtime payments, in any event, may not, on an annual per person basis, exceed 25% of the current GS-10, Step 1 Federal salary rate in effect at the time the overtime is performed. The State local agency is responsible for ensuring that this annual payment is not exceeded. The field office of the sponsoring Federal agency and the Federal Agency OCDETF Coordinator will also monitor these payments. 8. In no event will the State/local Agency charge any indirect costs for the administration or implementation of this Agreement. 9. The State/local Agency shall maintain 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 required by the OCDETF to facilitate inspection and auditing of such records and accounts. 10. The State/local Agency shall permit and have readily available for examination and auditing by representatives of the OCDETF, the sponsoring Federal agency(ies), the U.S. Department of Justice, the Comptroller General of the Agreement (Aug. 96), Page 2. United States, and/or any of their duly authorized agents and representatives, any - and all records, documents, accounts, invoices, receipts, or expenditures relating to this Agreement. In addition, the Agency will maintain all such foregoing reports and records until all audits and examinations are completed and resolved, or for a period of six (6) years after termination of this Agreement, whichever is sooner. 11. The State/local Agency will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF Agreements pursuant to the regulations of the Department of Justice (see, e.g., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) issued pursuant to Title VI relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 12. This Agreement may be terminated by any of [he parties by written notice to the other parties thirty (30) days prior to termination. Billing for outstanding obligations shall be received by the OCDETF within thirty (30) days of the termination. This Agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal agency and the State or local law enforcement agency. They are, therefore, subject to modification by the OCDETF based upon the progress and needs of the OCDETF investigation. Additionally, resources are c/onti~ngDe~nt~,o~n the availability of funds. Approved By: tl~~~'TiN''~ Chief of Police q~l~~~ A+uh-oriu~d sae or Locnl Officinl Tide ~ Dare Approved By: C ~ i~ ~~c ,lf«<~ i/~ Jf Sponsoring ed al Agency Specia Agent in Charge Dart Apps By: ~ <r -_s- lL' i!~'' Sponsoring Feder l Agency OCDE7F Coordinator Dare A ved By: -t f ~ Assirraru Hired Srar Attorney O DETF Coordirwror Dare Funds are encumbered for the State/local Agency overtime costs and authorized expenses specified above. Approved By: Director, Esecurive Office for OCDE7F Dare Agreement (Aug. 96), Page 3.