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Home My WebLink AboutCOM 0081.018 2014-2016 William P.Kenoi �yG; Harry S.Kubojiri Police Chief Mayor ;►!` Paul K.Ferreira Deputy Police Chief County of Hawai' POLICE DEPARTMENT 349 Kapi`olani Street • Hilo,Hawaii. 96720-3998 (808)935-3311 • Fax(808)961-2389 DATE: July 19, 2016 TO: DRU MAMO KANUHA, COUNCIL CHAIR AND C I UNCIL MEMBERS VIA: • OS S, 94 TROLLER 4177-z",74 FROM: � / S. KUBRI, POLICE CHIEF RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 10-59, SECTION 7(1) Name of Grant Program: Tobacco—Underage Sales Enforcement Grantor: State of Hawaii Department of Health County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): MOA CDPHPD 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, 2016 to August 31, 2017 Purpose of Grant: To conduct enforcement operations using plain clothes officers to observe tobacco and electronic smoking device purchase attempts by underage participants and cite retail stores personnel. Is final report required by grantor? x Yes ❑No FI. I 0 Notification attached: x Yes LJ No,because comm. No. Ref. To: Ref. Dote AUG 1 7 2016 Form NGA 11/05 "Hawai'i County is an Equal Opportunity Provider and Employer- .__ MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF HEALTH AND THE COUNTY OF HAWAII FOR THE ENFORCEMENT OF THE STATE LAW PROHIBITING TOBACCO AND ELECTRONIC SMOKING DEVICES SALES TO PERSONS UNDER THE AGE OF TWENTY-ONE THIS MEMORANDUM OF AGREEMENT(hereinafter"MOA"), executed on the respective date of the signatures of the parties shown hereafter, is effective as of September 1,2016, between the DEPARTMENT OF HEALTH, CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION DIVISION (hereinafter"CDPHPD"), by its CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION DIVISION ADMINISTRATOR(hereinafter "ADMINISTRATOR"), a governmental body and the Hawaii County Police Department(hereinafter "CONTRACTOR"), a local government 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 $12,000.00 [ X ] General or [ ] Special DOH REF.NO TPEPI7H 1 DOH-MOA NOW, THEREFORE, in consideration of the promises contained in this MOA, CDPHPD and the CONTRACTOR agree as follows: L Scope of Services. The CONTRACTOR shall, in a proper and satisfactory manner as determined by CDPHPD, provide all the goods and services set forth in Amendment 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 TPEP17H 2 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, Chronic Disease Prevention and Health Promotion Division("CDPHPD")to enforce Section 709-908 HRS,the State law prohibiting tobacco and electronic smoking device sales to any person under the age of twenty-one (21)years. The CONTRACTOR shall: a. Conduct a minimum of six(6)enforcement operations using plain clothes officers to observe tobacco and electronic smoking device purchase attempts by underage participants and cite retail store personnel who are found making illegal sales to persons under the age of twenty-one (21)years; 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; d. Provide CDPHPD with timely invoices on dates of operations, officer names, base salary rate, overtime-hourly rate, and overtime pay charged to this Agreement; and e. Provide CDPHPD with timely information on dates of operations, number of sites inspected and citations issued. CDPHPD,through a separate agreement with the University of Hawaii, shall be responsible for: (1) Recruiting and training underage and adult participants to assist the CONTRACTOR and, (2) Providing information to the CONTRACTOR on names and locations of retail outlets selling tobacco products and electronic smoking devices in Hawaii County. DOH REF.NO TPEPI7H 4 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 of the first above written. STATE By: Print Name: Lola Irvin Title: CDPHPD Administrator Date: CONT:.• • ARS By: Print Name: WILLIAM P. KENOI Title: Mayor Date: AUG 1 0 2016 Recommended pproval: By: —' Print Name: HARRY S. KUBOJIRI Title: Chief of Police Date: JUL 2 0 2016 DOH REF.NO TPEP17H 3 DOH-MOA Signature Attachment: Grant Title: Hawai'i Police Department Underage Tobacco Sales Enforcement Grantor: State Department of Health Grant Period: 9/1/2016-8/31/2017 Amount of Grant: $12,000.00 Fiscal Year: 2016-2017 APPROVED AS TO FORM AND LEGALITY: Co oration Counsel County of Hawaii Date: a/5//b Attachment 2 TIME OF PERFORMANCE The CONTRACTOR shall provide the services required under the MOA from September 1, 2016 to and including August 31, 2017, unless this MOA is sooner terminated. DOH REF.NO TPEP17H 5 DOH-MOA Attachment 3 COMPENSATION AND PAYMENT SCHEDULE Upon receipt of a signed memorandum of agreement,the CONTRACTOR shall invoice CDPHPD monthly for costs associated with this project,not to exceed TWELVE THOUSAND AND NO/100 DOLLARS ($12,000.00)of General Funds for the total amount of the MOA. The final invoice must be submitted to CDPHPD no later than September 1, 2017. DOH REF.NO TPEP17H 6 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 general funds. DOH REF.NO TPEPI7H 7 DOH-MOA Attachment 5 BUDGET September 1, 2016 to August 31, 2017 Provide enforcement of retail tobacco outlets $12,000.00 in the County of Hawaii for enforcing the prohibition of tobacco and electronic smoking devices sales to persons under twenty-one (21)years of age. SOURCE OF FUNDS: G 17 101 H 064 590 GR DOH REF. NO TPEPI7H 8 DOH-MOA