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Home My WebLink AboutCOM 0017.018 2018-2020 .OJNtY of,H,±,, Harry Kim �• `\��f Paul K. Ferreira Mayor , pp` ,�5' Police Chief � Kenneth Bu ado Jr. Deputy Police Chief County of Hawai'i POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-8865 DATE: December 5, 2019 RJ TO: AARON CHUNG, COUNCIL CHAIR AND COUNCIL MEMBERS :2 :L, „, VIA: KAYO1CI.! LER ' FROM: . PAUL K. FERREIRA, POLICE CHIEF ,- CD "•` RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 18-68, SECTION 7(1) Name of Grant Program: ATF Task Force Grantor: US Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): Amount of Grant: $32,000.00 Amount of County Match: none County Revenue & Expenditure Account Numbers: 010.201.5216.63:3309.74 Grant Period (Commencement &Completion): Sept. 23, 2019 to September 30, 2023 Purpose of Grant: To reimburse overtime salary costs &other costs when assisting with ATF Task Force operations. Is final report required by grantor? k Yes No Notification attached: H Yes No, because Comm. No. .1i'(" "Hawai'i County is an Equal Opportunity Provider and Employer” Ref.To: ---- Ref. Date JAN -2 2020. 1 • 1 7 US.Departtnertt of Justice 0 F) ' • • ;:e7) Bureau of Alcohol,Tobacco, Firearms trod Explosives, wereelem DC 20226 uult nifgny MEMORANDUMOF AGREEMENT Between the Bureau of Alcohol,Tobacco,Firearms and Explosives and Hawaii County Folic*Department for Reimbursement of Overtime Salary Costs ATFTASK FARCE *********** This Memorandum,of AgreemeM(MON is entered into by the Bureau of Alcohol,Tobacco, Firearms and Explosives(ATF)and the Hawaii County Police Department for the purpose of reimbursement of overtime salary costs and other costs,with prior ATE approval,including but not limited to travel,fuel,training,and equipment,incurred by the Hawaii County Police Department in providing resources to assist ATE Payments may be made to the extent they are included in ATF's Fiscal Year Plan and the monies are available to satisfy the request(s)for reimbursable overtime expenses. I. ) I TION OF S i rs • I UM 0 REE L_NT This MOA is effective with,the signatures,of all parties and laminates at the close of business on September 30,2023,subject to Section VII of the MOA. IL AUTHORITY This MOA is established pursuant to the followingprovisions: I. Tale 28,U.S.C.,Section 524(c),the Department of Justice,Asset Forfeiture Fund, which provides for the reimbursement of certain expenses of local,county,or State law enforcement agencies incurred as participants in jnint nnPratinkidtnqk fnwPc with n Department-of the Justice law enforcement agenc tip 2. Departments of Commerce,Justice,and State,theiudiciary,and Related Agencies Appropriations Bill,which provides for the reimbursement of overtime salary costs or local,county,or State law enforcement agencies incurred while assisting ATE in joint law enforcement operations. 3. Title 31,1.J.S.C.,Section 9703,the Treasury Forfeiture Fund Act of 1992,which provides for the reimblusement of Certain expenses of local,county,or State law enforcement agencies incurred as participants ht joint operations/task forces with a Federal law enforcement agency. If available,the funding for fiscal years 2019,2020,2021,2022 and 2023 is contingent upon annual appropriation laws,Title 28,U.S.C.,Section 524(c),annual appropriations,and Title 31,U.S.C.,Section 332. If available,funding allocations for leimbutsement of=Prises will be transmitted through separate document. This Memorandum of Agreement(610A)Is nota finding allocation document P nin Li' _EL This MOA establishes the procedures and responsibilities of both the Hawaii County Police Department and ATF for the reimbursement of certain overtime and other pre-approved expenses incurred pursuant to the authority in Section IL • IV. NAME OF.1 uptr OrERATION(TASK F _RCE(If applicable) The name of this joint operation/task force:ATF TASK FORCE V. g,,Q,NDITIONS AND PROCEDURIA A. The Hawaii County Police DepartnteM shill assign officer(s)to assist ATF in investigations of Federal,state,and local laws.To the maximum extent possible, the officer(s)will be assigned on a dedicated,rather than rotational basis. The Hawaii County Police Department shall provide ATF with the name(s),title(s),and employee identification number(s)of the officer(s)assigned to the investigation. a. The Hawaii County Police Department shall provide ATE,within ten(10)calendar days of the signing of this MOA,with a contact name,tide,telephone number and address. The Hawaii County Police Department shall also provide the name of the official responsible for providing audit information under paragraph VI of this MOAI,and the name of the official authorized to submit an invoice to ATF under paragraph V,.subparagraph E. 2 C. The Hawaii C°11ntY Police Department shall provide ATP,within ten(10)calendar days of the signing of this agreement,with the financial institution where the law enforcement agency wants the Electronic Funds Transfer(EFT)payment deposited for reimbursement. The mechanism for this is the Unified Financial Management System(UFMS)Vendor Request Form. Within the UFMS Vendor Request form, the DUNS Number should be provided(DUNS—Data Universal Numbering System,identifies business entities on a location-specific basis)under section 12. When completed,forward this form to the appropriate ATP field office address: ATF,AITN:RAC Aaron R.Joteph„300 Ala Moana Blvd.,Room 3-200, Honolulu,HI 96850 D. The Hawaii County Police Depanment may request reimbursement for payment of overtime expenses and other costs with prior ATF approval,including but not limited to travel,fuel,tmin'ing,and equipment,directly related to work performed by its officer(s)assigned as members of a joint operation/task force with ATF for the purpose of conducting an official investigation. E. Invoices submitted to ATF for the payment of expenses must be submitted on the appropriate forms as provided by ATF. The invoice shall be signed by an authorized representative of the Hawaii County Police Department and submitted to ATF field office for signature and verification of the invoice. F. The Hawaii County Police Department will submit,all requests for.reimbursable Payments,together with the appropriate documentation to ATF by the 10th day of each subsequent month that the agency is seeking reimbursement. (1) If the reimbursement request is not received by the ATF field office by the 10th of the subsequent month,the ATP field office will advise the agency, in writing,that the reimbursement request is late,and if the reimbursement request is not received within the next 10 working days,the overtime costs will not be reimbursed. (2) No waivers or extensions will be granted or honored. The Hawaii County Police Department will submit the request for reimbursement via fax,email or mail to the following address: ATE,ATTN.RAC Aaron R.Joseph,300 Ala Moana Blvd.,Room 3-200, Honolulu, H196850 0. The ATF Supervisor shall be responsible for certifying that the request is for overtime expenses incurred by the Hawaii County Police Department for participation with ATF during the joint operation/task force. The responsible State or local official shall also certify that requests for reimbursement of expenses have not been made to other Federal law enforcement agencies. 3 H . The Hawaii County Police Department acknowledges that they remain fully responsible for their obligations as the employer of the officer(s)assigned to the joint operation/task force and areresponsible for the payment of the overtime earnings,withholdings,insurance coverage,and all other tequirea encs by low, regulations,ordinance or contract regardless of the reimbursable overtime charges incurred. I. All reimbursable hours of overtime work covered under this.MUS.must be approved in advance by the ATF supervisor. J. MI sworn State,county and local,law enforcement officers cannot exceed the fiscal year reimbursement cap,which is the equivalent of 25 percent of a OS-12,Step-I salary.Sworn law enforcement officers in,the State,county or local law enforcement agency assigned to cover when a TFU/Special Deputy or other sworn law enforcement officer,has been called away on an ATF matter,shall not be reimbursed with SLOT funds. K. Any Sworn State,county and local law enforcement officer receiving funding from multiple sources,such as Organized Crime Drug Enforcement Task.Force (OCDETF)or High Intensity Drug Trafficking Area IOTA),cannot exceed the fiscal year salary cap when all funding is combined,it is the RAC/OS's responsibility to ensure That the officer does not receive doublefunding in excess of the fiscal year cap. L. The ATF supervisor will forward all approved reimbursement requests to the Division Chief,Asset Forfeiture do Seized Props`rty;division for payment. M. This document(WA)doesnot oblleate funds« Funding authority,with maximum reimbursement costs to any one law enforcement officer during the fiscal year(October 1 September 30);will be provided through other documents. The agency will receive an allocation confirmation from the field division. VI« P ." DI "` This MOA and its procedutes are subject to audit by ATE`,the Department Of Justice, Office of Inspector General,the Government Accountability.Office,and other auditors authorized by the Federal government. The Hawaii County Police Department agrees to permit such audits andagrees to maintain all records relating to these transactions for a period of not less than tie years,and in the event of an on-going audit,until such time as the audit is completed. These audits include reviews of any and all records,documents,reports,accounts,invoices, receipts,or expenditures relating to,thisagreement;aswell as,the interview of any and all. personnel involved in;these fictions. 4 VII. REVISIONS The terms of this MOA may be amended upon written approval by the original parties,or their designated reptesentatives. Any amendment to this MOA becomes effective upon the date of approval as stated in the amendment Either party can cancel this MOA upon 60- calendar day's written notice to the other party. The ATF will only process request for overtime for overtime incurred before the date of cancellation,absent a specific written agreement to the contrary. VIII. NO.PRIVATE RIGHT CREATED This is an internal Government agreement between ATF and the Hawaii County Police Department and is not intended to confer any right or benefit to any private person or party. ******************* IL 6.616 ba or A„A Paul Ferreira Darek G.Pleasants Chief of Police Special Agent in Charge Hawaii County Police Department Seattle Field Division ATF Date: q— Date: SEP 2 3 2°6 41dIF d Thomas L.Chittum De .0Chief Financial Officer Deputy Assistant Director(West) "0-• s• ice of Management Field Operations ATF ATF —7 Date: I . , 4 APPROVED AS TO FORM & LEGALITY: COUNTY OF HAWAII: / , — •RPORATION COUNSELHA RY KIM, MAYOR COUNTY OF HAA#I COUNTY OF HAWAII Date: /7'4) Date: i