HomeMy WebLinkAboutCOM 0140.082 2000-2002 ha
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.~a~mes S. Correa
:Slayor j;r ~ Police Chief
•
COl..li1~y Q~ ~~W~II
I'(s~~~E 1)EPA~g~'~~NT
349 Kapiol~^i Stree: • Hilo, Hawaii 96720-3998
~ag°C~11 ~ ~ , 2 0 (808) 935-3311 • Fax (808) 961-8869
'I'O JfES Y. I~~, C®dJDTC1L CI~TR AND CC3~TNCIL
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Co~l~liax~c~ t~?it3S t3~'c~i>rtanc~ Ado. O1®55, sa~ction7(1)
Alaita~ of Cram ~rogra stat~~,rid~ ~larijuara~, eradication
Federal or stag Grantor: ~~part.~~nt of ~ttorr~~y
Gen>rral Crime Frevention anr~
justice assistance ~3iviss~n
County Grantee De~art~ent/~.~ency: County Folica I~e~art~~nt
Crane No.: O1-DB°18
Ax~ount of Grant: $202,000.00
s4ritount of County ~~atc11: $50, 500.00
County ~tevexau~ ~ ~~e~ditu~es ~cet~: 010-201®5219.4~~115 ~ 3304.`77
Grant Period: 1~farc2'a 1, 2002~FeY~r4~ay 2~, 2003
Purpose of Grant: ~'o su~~ress marijuana cultivation and to ~ini~ize
g~rod~zct ~vailak~ility in tie stag ®f ~a~aaii.
if final report re~uir~d by grantor? yes
Notification ~ttacl~ed: yew
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BENJAMIN J. CAYETANO " ---y'Q~ ~ EARP. I. ANZAI
GOVERNOR ~ ~ ATTORNEY GENERAL
''d ~ e - _
_ - ~ i-~ ~ I ~ ThE^,.MAS R. 3•:ELLfR
61RST OEPiT' At'TORldEY GENERAL
STATE ®F hiAWAlI _
DEIaART3a~El=a^~T OF TWE ATTORNEY GEfVERAL
CRIME RRE~E~dT&ON & JUSTIC€ ASSISTANCE DIVISION
235 $C3'JTH 6£RETANIA STREET, SUITE 401
~foNo~uw, HAweut 96813
(8081 586-1 7 50
cpja.a®.state.hi.us
i,arch 6, 2002
James S. Correa
Chief of Police
Hawaii County Police Department
349 Kapiolani Street
Hilo, Hawaii 96720
Attention: Acting Lt. Marshall Kanehailua
iJ
Dear Ch~,~arrea
Enclovsed_ are two copies of the contract for the Statewide
Marijuana Eradication Task Force project, O1-DB-18.
After reviewing the contract, please sign as indicated and
return both copies to our office. An original contract will be
returned to you for your files after the Attorney General has
signed the contract.
If you have any questions regarding the contract, please call
Earline Yokoi, Criminal Justice Planning Specialist, at 586-1389.
Sincerely,
Adrian Kwock
Branch Chief
AK/EY
Enclosures (2)
Project Number O1-DE-18
CONTRACT
THIS CONTRACT, executed on the respective dates indicated below, is effective
as of _Marchi, 2002 by and between the Department of the Attorney General, State of Hawaii,
hereinafter called "Agency", by and through the Attorney General, and the Hawaii County
Police Department ,hereinafter called "Grantee".
WITNESSETH
WHEREAS, Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
42 U. S. C. 3711 et sue., as amended (hereinafter "Act"), was enacted to make grants to state
and local government units to assist them in enforcing state and local laws which establish
offenses similar to those established in the Controlled Substances Act, and to improve the
functioning of the criminal justice system, svith emphases on violent crime and serious offenders,
including the following programs:
(l) demand reduction education programs in which law enforcement officers participate;
(2) multi jurisdictional task force programs that integrate federal, state and local drug law
enforcement agencies and prosecutors for the purpose of enhancing interagency
coordination and intelligence and facilitating multi jurisdictional investigations;
(3) programs designed to target the domestic sources of controlled and illegal substances,
such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories and
cannabis cultivations;
(4) community and neighborhood pro~ams that assist citizens in preventing and controlling
crime, including special programs that address the problems of crimes committed against
the elderly and special programs for rural jurisdictions;
programs to disrupt illicit commerce in stolen goods and property;
(6) programs for improving the investigation and prosecution of white-collar crime,
organized crime, public corruption crimes and fraud against the government with priority
attention to cases involving drug-related official corruption;
(7) programs for:
(a) improving the operational effectiveness of law enforcement through the use of
crime analysis techniques, street sales enforcement, schoolyard violator programs,
gang-related and low-income housing drug control programs;
(b) developing and implementing anti-terrorism plans for deep draft ports,
international airports and other important facilities;
(S) career criminal prosecution programs, including the development of model drug control
legislation;
(9) financial investigative programs that target the identification of money laundering
operations and assets obtained through illegal drug trafficking, including the development
of proposed model legislation, financial investigative training and financial information
sharing systems;
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(10) improving the operational effectiveness of the court process by expanding prosecutorial,
defender, and judicial resources and implementing court delay reduction programs;
(11) programs designed to provide Mdditional public correctional resources and improve the
corrections system, including treatment in prisons and jails, intensive supervision
programs and long-range corrections and sentencing strategies;
(12) programs for providing prison industry projects designed to place inmates in a realistic
working and training environment which will enable them to acquire marketable skills
and to make financial payments for restitution to their victims, for support to their
families and for support of themselves in the institution;
(13) programs which identify and meet the treatment needs of adult and juvenile drug-
dependent and alcohol-dependent offenders;
(14) programs to provide assistance to jurors and witnesses and assistance (other than
compensation) to victims of crime;
(1 programs:
(a) to improve drug control technology, such as pretrial drug testing programs,
programs which provide for the identification, assessment, referral to treatment,
case management and monitoring of drums dependent offenders and enhancement
of state and local forensic laboratories;
(b) for criminal justice information systems to assist la~v enforcement, prosecution,
courts and corrections organizations (including automated fingerprint
identification systems);
(16) innovative programs which demonstrate new and different approaches to enforcement,
prosecution and adjudication of drug offenses and other serious crimes;
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(17) programs addressing the problems of drug trafficking and the illegal manufacture of
controlled substances in public housing;
(18) programs for improving the criminal and juvenile justice system's response to domestic
and family violence, including spouse abuse, child abuse and abuse of the elderly;
(19) drug control evaluation programs which state and local units of government may utilize
to evaluate programs and projects directed at state drug control activities;
(20) programs providing alternatives to prevent detention, jail and prison for persons arho
pose no danger to the community;
(21) programs with the primary goal of strengthening urban enforcement and prosecution
efforts targeted at street drug sales;
(22) programs for the prosecution of driving while intoxicated charges and the enforcement of
other laws relating to alcohol use and the operation of motor vehicles;
(23) programs that address the need for effective bindover systems for the prosecution of
violent 16- and 17-year old juveniles in courts with jurisdictions over adults. Certain
violent crimes, including murder and felonies committed with firearms, are specified,
with reference to 18 U. S. C. ~ 36;
(24} law enforcement and prevention programs that target gangs or youth who are involved
with or are at risk of involvement in gangs;
(2~) programs to develop or improve forensic laboratory capabilities to analyze DNA for
identification purposes;
(26) programs to assist states in the litigation processing of death penalty federal habeas
corpus petitions;
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(27) programs to enforce child abuse and neglect laws, including laws protecting against child
sexual abuse, and programs designed to prevent child abuse and neglect; and
(28) programs Evhich establish or support cooperative programs between law enforcement and
media organizations, to collect, record, retain, and disseminate information useful in the
identification and apprehension of suspected criminal offenders.
WHEREAS, the Governor has designated Agency to serve as Hawaii's office for
administering the federal financial assistance available under the Act;
WHEREAS, Grantee, as an agency of the Countv of Hawaii , is qualified to
receive funds available to Hawaii under the Act and its implementing regulations (28 C.F.R. Part
33) or guidelines (Bureau of Justice Assistance, Edward Byrne Memorial State and Local Law
Enforcement Assistance Program Guidance), and has applied to Agency for receipt of the same
as a subgrantee;
WHEREAS, Agency has reviewed Grantee's application for funds, and is
satisfied that all of the requirements of the Act and its implementing regulations have been
satisfied and that Grantee is capable of using the federal funds requested appropriately;
WHEREAS, Grantee has demonstrated the capacity to provide the services,
programs and activities described herein and is ready, willing and able to provide the required
services, programs and activities;
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NOW Tf-IEREFORE, Agency and Grantee for and in consideration of the
covenants, conditions, agreements, and stipulations hereinafter expressed, do mutually agree as
follows:
A. SCOPE OF SERVICES.
Grantee shall, in a proper and satisfactory manner, as determined by
Agency, and in accordance with the terms and conditions of this Contract, use the funds received
under this Contract for the purposes stated herein and in accordance dvith the "Application For
Grant" (Parts I through IV including all certifications required under Section C) attached hereto
as Exhibit "A" and by reference incorporated herein. It is understood that this Contract includes
as a part hereof any rules, relevant directives or instructions issued by the United States or the
Agency, including the provisions of the federal Office of Management and Budget circulars and
the effective edition of the Office of Justice Programs' financial manual entitled "Financial
Guide."
B. TERM OF CONTRACT.
This Contract shall be in effect for the period from March 1, 2002 to
and including February 28 2003 unless this Contract is sooner terminated as hereinafter
provided or unless this Contract is extended in accordance with Section L. of this Contract.
C. PERFORMANCE REQUIREMENTS AND CONDITIONS.
1. Grantee shall comply with the guidelines set forth in the Act and
all applicable federal regulations and guidelines, including but not limited to Bureau of Justice
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Assistance, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula
Grant Program Guidance, and Office of Management and Budget circulars and the effective
edition of the Office of Justice Programs' financial manual entitled "Financial Guide."
2. If so required by Agency, Grantee shall certify to Agency that any
expendable or nonexpendable personal property purchased or acquired with funds received under
this Contract evill be used for criminal justice purposes before title in such property may vest in
Grantee. If a certification is not provided by Grantee, title to any personal property purchased or
acquired with funds received under this Contract shall vest in Agency and such personal property
shall be delivered to the Agency in good working order upon expiration or sooner termination of
this Contract.
3. Prior to, or concurrently with the execution of this Contract, if so
required by Agency, Grantee shall complete, execute and submit to Agency a Certification
Regarding Drug-Free dVork-place Requirements which meets the requirements of the Drug Free
Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D), hereinafter referred to as the
"Drug-Free `Norlcplace Certification." A copy of the Drug-Free ~Vorlcplace Certification shall be
included in Part IV of the Application for Grant. Grantee covenants that the representations
made in the Drug-Free Workplace Certification are true at the time this Contract is executed and
will remain true throughout the entire term of this Contract and any extensions, and that Grantee
shall fulfill all the requirements set forth therein. Grantee's execution and submission of a false
Drums Free Workplace Certification, or Grantee's violation of any or all of the requirements set
forth therein shall entitle Agency to suspend one or more payments under this Contract, and/or
terminate this Contract pursuant to the provisions of Section N of this Contract. Grantee
warrants that it is aware that such false certification or violation of the requirements contained in
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the Drums Free Workplace Certification shall subject the State of ;"Iawaii to government-dvide
suspension or debarment, or other sanctions which, in turn, shall result in the withdrawal of
funds from Grantee and/or the unavailability of future funding for Grantee.
4. Prior to, or concurrently `vith the execution of this Contract,
Grantee shall complete, execute and submit to Agency a Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion, hereinafter referred to as the s°Debairrient
Certification." A copy of the Debarment Certification shall be included in Part N of the
Application for Grant. Grantee covenants that the representations made in the Debarment
Certification are true at the time this Contract is executed and will remain true throughout the
entire term of the Contract and any extensions, and that Grantee shall fulfill any and all terms
and conditions set forth therein.
Prior to, or concurrently with the execution of this Contract, if so
required by Agency, Grantee shall complete, execute and submit to Agency a Certification
Regarding Lobbying, hereinafter referred to as the "Lobbying Certification," and any subsequent
disclosure forms required under Section 1352, Title 31 U. S. C. A copy of the Lobbying
Certification shall be included in Part N of the Application for Grant. Grantee covenants that
the representations made in the Lobbying Certification are true at the time this Contract is
executed and will remain true throughout the entire term of the Contract and any extensions, and
that Grantee shall fulfill any and all terms and conditions set forth therein.
6. Grantee shall maintain accounting procedures and practices
acceptable to Agency, and books, records, documents and other evidence which sufficiently,
accurately and properly reflect all direct and indirect expenditures and ail interest or other
income earned as the result of funds provided pursuant to this Contract. Grantee shall ensure
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that its osvn books, records, and documents are available for inspection, reviews or audits at all
reasonable times by Agency or the United States Department of Justice. In addition, Grantee
shall prepare and submit to the Agency reports in such form and at such times as Agency or the
Bureau of Justice Assistance may require. At a minimum, Grantee shall submit quarterly
financial reports fifteen (15) calendar days after the end of each calendar quarter. Records and
financial accounts shall be retained by the Grantee and shall be accessible to Agency and the
United States Department of Justice for at least three years after Agency's grant with the Bureau
of Justice Assistance is closed.
7. Grantee shall comply dvith all the ordinances, codes, rules and
regulations of the Federal, State and local government which in any way affect its performance
under this Contract.
8. Grantee shall provide for an independent audit of its activities on a
periodic basis in accordance with Office of Management and Budget Circular A-128.
9. Grantee will comply with the non-discrimination requirements of
the Act, Title VI of the Civil Rights Act of 1964 (with respect to race, sex, religion, creed,
national origin), Title VII of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act
of 1973 (handicap), as amended, Title IX of the Education Amendments of 1972 (race, sex,
religion, creed, national origin), the Age Discrimination Act of 1975 (age), Executive Order
12138, 44 C.F.R. 29637 (affirmative vction for women's business), and the United States
Department of Justice Non-Discrimination Regulations, 28 C.F.R., Part 42, Subparts C, D, E and
G, the Americans with Disabilities Act of 1990 42 U.S.C. 12101 et seq., and the Hawaii State
. Fair Employment Practices Act, Chapter 378, Hadvaii Revised Statutes.
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10. Grantee assures Agency that if it is required to formulate an Equal
Employment Opportunity Program in accordance with 28 C.F.R. 42.301 et sec . it will submit
a certification to Agency that a current program is on file.
11. Grantee shall ensure that fifty thousand, five hundred and no/100
dollars (550,500.00 are available as matching funds to provide the services under this
Contract. Grantee shall maintain records which clearly and accurately show the source, amount
and the timing of match contributions. If, at the end of the contract period, Agency deternlines
that Grantee does not have the required matching contribution, Grantee shall return all of the
federal portion of the project cost for dvhich there is no required match.
12. Any funds provided to Grantee under this Contract which are
unencumbered on the date this Contract terminates shall be returned to Agency; all funds
provided under this Contract `vhich are encumbered but not disbursed within ninety (90) days
after this Contract terminates shall be returned to Agency.
D. PERSONNEL.
1. Grantee shall secure at its own expense all personnel required to
perform the services required under this Contract. All such personnel shall not be considered
employees of, or have any contractual relationship with the State of Hawaii unless Grantee is
otherwise an agency of the State.
2. Grantee shall ensure that none of the work or services to be
provided under this Contract shall be subcontracted or assigned without the prior written
approval of Agency.
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E. SUBCONTRACTS.
Grantee may provide some or all of the services required under this
Contract by subcontract provided that Grantee secures the prior written consent of Agency. In
the event Grantee enters into a subcontract with a private organization to perform any of the
services or activities required under this Contract, Grantee agrees that the period of each
subcontract shall not exceed one year, and funds to the private organization will not be released
unless and until the requirements set forth in applicable state law and implementing rules are
complied with by the subcontractor. All subcontracts shall include provisions to ensure that
Grantee is capable of satisfying the requirements of this Contract. All subcontracts shall be
reduced to writing and shall include all provisions of this Contract required of Grantee.
F. SERVICES AS I~?DEPENDENT CONTRACTOR.
1. In the performance of the services required under this Contract,
Grantee shall be an independent contractor with the authority to control and direct the
performance and details of the work and services required under this Contract; however, Agency
shall have the right to inspect work in progress to determine whether, in Agency's opinion, the
work is being performed by Grantee in accordance with the provisions of this Contract. All
persons hired or used by Grantee shall be Grantee's agents and employees and Grantee shall be
responsible for the accuracy, completeness, and adequacy of any and all work and services
performed by its agents and employees. Furthermore, Grantee intentionally, voluntarily, and
knowingly assumes the sole and entire liability if such liability is determined to exist, to its
agents and employees or to third persons, for all loss, cost, damage or injury caused by Grantee's
agents and employees in the course of their employment. The performance of work under this
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Contract alone shall not be construed as employment with the State of Hadvaii and shall not
entitle Grantee's agents and employees to vacation, sick leave, retirement, or other benefits
directly afforded state employees by statutes. Grantee shall be responsible for payment of all
applicable federal, state, and county fees which may become due and owing by the Grantee by
reason of the Contract, including but not limited to (i) income taxes, (ii) employrr:ent related
fees, assessments and taxes and (iii) general excise taxes. The Grantee also is responsible for
obtaining all licenses, permits and certificates that may be required in order to perform this
Contract.
2. This section shall not be enforced if Grantee is an agency of the
State of Hawaii.
G. COMPENSATION.
1. Subject to continuing availability of funds, Agency agrees to pay
Grantee, for services satisfactorily performed under this Contract, a sum not to exceed
one hundred fifty-one thousand five hundred and 00/100 dollars (S 151 X00 001 to be spent for
the purposes of this Contract. This sum represents any and all compensation to be paid to
Grantee for any and all services it provides, and for any and all travel costs, materials, supplies,
equipment, overhead, taxes, and other incidentals and operating expenses which it incurs or may
incur in connection with this Contract.
2. It is covenanted and agreed by and bettiveen the parties hereto that,
as to the portion of the obligation under this contract to be payable out of federal funds, this
Contract shall be construed to be an agreement to pay such portion to the Grantee only out of
federal funds to be received from the federal government tivhen the federal funds are so received
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and shall not be construed as a general agreement to pay such portion at all events out of any
funds other than those which are received from the federal government.
H. METHOD OF PAYMENT.
1. All funds available for use under this Contract shall be subject to
the allotment system as provided in Chapter 37, Hawaii Revised Statutes.
2. Payments to Grantee under this Contract shall be made in
accordance with and subject to the following provisions:
a. Payments shall be made monthly upon receipt of Grantee's
completed request for funds.
b. All payments shall be made in accordance with and subject
to Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls
applicable to payments out of the fireasury of the State of Hawaii.
c. If an amount of reported expenditures is preliminarily
determined by Agency to be inappropriate and unallowable, Agency may deduct an equivalent
amount from the next payable installment and may withhold payment of the amount of the
moneys equivalent to the questioned e ipenditures until later resolution of the discrepancy by
audit or other means. If, after payment of the last installment, investigation and examination
reveal additional expenditures that arc determined by Agency to be inappropriate and
unallowable, Agency may require that an equivalent amount of moneys be refunded to Agency
notwithstanding Agency's preliminary deterrnination of appropriateness and allowability.
i
d. Failure to submit required reports by the applicable
deadline will result in the withholding of payments until such time as the reports are received by
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Agency. Grantee shall continue to provide the services, programs and activities during the
period that payments are being withheld,
I. INDEMNIFICATION.
1. It is strictly understood that the State of Hawaii shall in no way be
held liable for any damages, cause of action or suits resulting from the acts, activities, or
omissions of Grantee. Grantee shall indemnify and save harmless the State of Hawaii, Agency,
and their officers, agents, and employees from and against any and all liability, loss actions,
claims, suits, damages, costs or expenscg, including all attorneys' fees, and all claims, suits, and
demands therefore, arising out of or resulting from the acts or omissions of Grantee, its officers,
employees, .agents, or subcontractors occurring during or in connection with the performance of
Grantee's services under this Contract, or arising out of or resulting from breach of this Contract
by Grantee. Grantee shall defend the State of Hawaii, Agency, and their officers, agents, and
employees against any such action or claim unless the action or claim involves an act or
omission solely of Agency, its officers, agents, or employees.
2. This section shall not be enforced if Grantee is an agency of the
State of Hawaii.
J. CONFIDENTIAL MATERIAL.
Any information, data, report, record, summary, table, map, or study given
to or prepared or assembled by Grantee under this Contract which is identified as proprietary or
s
confidential information that Agency requests to be kept confidential shall be safeguarded by the
Grantee and shall not be made available to any individual or organization other than any
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subcontractor to which the material may relate, without prior written approval of Agency.
Grantee shall submit a completed Privacy Certification for review and approval prior to the
expenditure of funds for the collection of identifiable research/ statistical data. All information,
data, or other material provided by the Grantee or the Agency shall be kept confidential only to
the extent permitted by lae~v.
K. COPYRIGHT AND PATENT.
The Agency shall have complete ownership of all material, both finished
and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant
to this Contract, and all such material shall be considered "works made for hire." No summary,
report, map, chart, graph, table, study or other documents or discovery, invention, or
development produced in whole or in part with funds made available under this Contract shall be
the subject of an application for copyright or patent by or on behalf of Grantee, its officers,
agents, or its employees, or its subcontractors without prior written authorization from Agency.
L. MODIFICATION OF CONTRACT.
Any modification, alteration, amendment, or change to this Contract other
than to the "Application For Grant" (attached hereto as part of Exhibit "A") or to the perod
during which this Contract is in effect in Section B, including increases (subject to the
availability of funds) or decreases in the amount of compensation, permitted by this Contract
shall be made by written supplemental agreement to this Contract and executed by Grantee and
the Attorney General or the Attorney General's designee. Modifications, alterations or changes
to provisions of the "Application For Grant" may be requested by Grantee, approved by the
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Administrator of the Crime Prevention and Justice Assistance Division on Agency's behalf, and
made by substituting or inserting the revisions in Exhibit "A." Modifications, alterations or
changes to the period during which this Contract is in effect may be requested in writing by
Grantee or Agency, up to forty-five (~5) days before the Contract would otherwise terminate,
and shall be effective as of the date approved by the Administrator of the Crime Prevention and
Justice Assistance Division (if requested by Grantee) or Grantee (if requested by Agency) and
made by attaching a party's written request with the other party's written approval thereon to this
Contract. No oral modification, alteration, amendment, change, or extension of any term,
provision or condition of this Contract shall be permitted.
M. CONFLICT OF I?`-~TEREST.
Grantee represents that it presently has no interest and promises that it
shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with
the performance of the services under this Contract.
N. TER~~IINATION OF CONTRACT.
1. If, for any cause, Grantee refuses or fails to satisfactorily fulfill in a
timely or proper manner its obligations under this Contract or any extension thereof, or if
Grantee breaches any of the prorises, terms or conditions of this Contract and, having been
given reasonable notice of and opportunity to cure any such default, fails to take satisfactory
corrective action within the time specified by Agency, Agency shall have the right to terminate
this Contract by giving written notice to Grantee of such termination ten (10) calendar days
before the effective date of such termination. The Grantee shall continue performance of the
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Contract to the extent it is not terminated. Notwithstanding termination of the Contract, and
subject to any directions from the Agency, the Grantee shall take timely, reasonable, and
necessary action to protect and preserve property in the possession of the Grantee in which the
Agency has an interest.
2. Furthermore, Agency may terminate this Contract without
statement of cause at any time by giving written notice to Grantee of such termination at least
thirty (30) calendar days before the effective date of such termination.
3. In the event of termination of either type, all finished or unfinished
documents, reports, summaries, lists, charts, graphs, maps, or other tivritten material prepared by
Grantee, under this Contract shall, at she option of Agency become Agency's property and,
together with all information, data, reports, records, maps, and other materials (if any) provided
to Grantee by Agency, shall be delivered and surrendered to Agency on or before the effective
date of termination.
Grantee shall be entitled to receive only such compensation as
shall have been satisfactorily earned prior to the effective date of termination. Agency shall
determine the amount of work satisfactorily completed and the amount of compensation
satisfactorily earned. If the termination is for cause, any other provisions to the contrary
notwithstanding, Grantee shall not be relieved of liability to Agency for damages sustained by
Agency because of any breach by GranteL of this Contract.
0. 1~VAIVER.
The failure of the Agency to insist upon strict compliance with any term,
provision, or condition of this Contract shall not constitute or be deemed to constitute a waiver or
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relinquishment of the Agency's right to enforce the same in accordance with this Contract. It is
expressly understood and agreed that no waiver granted by Agency on account of any violation
of any promise, term or condition of this Contract shall constitute or be construed in any manner
as a waiver of the promise, term or condition or of the right to enforce the same as to any other or
further violation.
P. DISPUTES; GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising under this Contract or any
subcontract, which is not disposed of by mutual agreement within fifteen (l~) calendar days,
shall be decided by the Attorney General, or the Attorney General's duly designated
representativE, who shall reduce the decision to writing and mail or otherwise furnish a copy of
the decision to Grantee. The decision of such person shall be final and conclusive. Pending b nal
decision of such dispute, Grantee shall proceed diligently with the performance of this Contract
in accordance with Agency's request. The validity of this Contract and any of its terms or
provisions, as well as the rights and duties of the parties to this Contract, shall be governed by
the laws of the State of Hawaii. Except as otherwise provided in this Section, any action to
enforce this Contract or for breach of This Contract shall be brought only in a State court of
competent jurisdiction in Honolulu, Hawaii.
Q. ADDITIONAL CONDITIONS.
Additional conditions may be imposed against Grantee by reducing them
to w-riling and designating them as exhibits to this Contract. Any such exhibit shall be attached
hereto and thereby incorporated herein.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract.
DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII, ("AGENCY")
APPROVED AS TO FORM:
By
Deputy Attorney General, Siate of ~iawaii Print Name Earl I. Anzai
Its Attomey General
Date
HAWAII COUNTY POLICE DEPARTMENT
COUNTY OF HAWAII, ("GRANTEE")
Ey
Print Name Harry Kim
Title Mayor -.~~._..~s.~,.. a
Date
APPROVED AS TO FORM
AND LEGALITY:
~y
Corporation Counsel APPROVAL RECOMMENDED:
B
Print Name Lawrence K. Mahuna
T1tleAssistant Police Chief/Actin Police Chief
Date 11 2002
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CRL~1E PREVEN'T'ION :AND JUSTICE ASSISTANCE DIVISION
DEPART;~1EN'T OF TIC ATTORNEY GENERAL
?.35 South ~ereYanaa Street, Ste. 401
I~Iottoiulu, ~Iawaii 96513
APPLI, 1TI~N FOR GIdANT
BART I. ~
A. PROJECT TITLE: STATEWIDE MARIJUANA ERADICATION TASK FORCE
APPLICAN'I'AGENCY: Hawaii Police Department
C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720
D. LOCATION OF PROJECT: 349 Kapiolani Street, Hilo, Hawaii 96720
E. PROJECT PERIOD: Front March 1 , 2002 To February 28 , 2003
F. t3ITTI€ORIZED PURPOSE AREA (2 )
G. TYPE OF A~YARD: t`demv Coattittuation x
1-I. `fiOTAL PROTECT COSTS:
sot,~cE o~ ~mDS ~ERCErrr aMOUrrr
7s~ $lsl,soo.oo
Att®raaey G;~es~era! Alatch 0
Agtacy Match 50 , S 00.00
TOTAL 100% $202,000.00
I. PROJECT DIRECTOR
Naatte: Henry Tavares _ _ Title: Lieutenant
349 Kapiolani Street
Address: Hilo, Hawaii 96720 Teiephone:(808)961-2253 FAX: (808)961-2372
J. FL'r'ANCIAL ()~'ICER
i'dame: Gary Maesato _ 'Title; $usiness Manager
349 Kapiolani Street
Address: Hilo, Hawaii 96720 'Teleplg®ue;(808)961-2274 Fpm;
FflR CFJAD USE
Daft rec~sved: ~ ~ d L ~ 200Z ~;~ct Nt~~~: Dl - D~ - t~ .
~GrcPJwA,t ~auaa~ Exhibit A
STATEWIDE MARIJUANA ERADICATION TASK FORCE
HA:vAII COUNTY POLICE DEPARTMENT
A. PROBLEM:
Marijuana cultivation within the County of Hawaii continues to be
a significant, ongoing problem, and a major concern to law
enforcement within the County and State of Hawaii.
Unfortunately, since the early 1980's to the present, Hawaii
gained a reputation of being a major "Source State" for high
quality marijuana ranging in price from 5400 to 5600 an ounce.
National statistics show that Hawaii ranks among the top three
states in the amount of "cultivated" marijuana grown and
recovered. In 1995, Hawaii was number three in the nation, in the
amount of "cultivated" marijuana plants recovered, following
Kentucky and California (numbers one and two respectively). In
1996, Hawaii was number one, and in 1997, number two, following
Tennessee. In 1998 Hawaii again ranked first.
In 2000, the Statewide Marijuana Eradication Task Force,
consisting of the four (4) County Police Departments, as well as
other Federal and State law enforcement agencies, seized and/or
destroyed 467,546 "cultivated" marijuana plants. The County of
Hawaii accounted for 106,639 of the total.
The County of Hawaii continues to lead the State in illegally
cultivated marijuana. The vast land area, a lot of which are in
remote subdivisions and undeveloped land, as well as ideal weather
conditions, provides ideal growing territories and conditions for
marijuana cultivators.
In the past, Law Enforcement received reports from the public,
some of who are hunters, farm workers, and hikers, ..'ho were
confronted and threatened by persons with weapons. These innocent
citizens are warned to stay away from the area, or to "not disturb
their crop." More currently, hunters and hikers continue to
report sightings of marijuana cultivation.
These types of incidents are infrequent, but they still occur, and
are indicative of the methods and means the marijuana cultivators
resort to, and the value they place on their "crop." There are
other documented accounts or incidents that have taken place,
whereby crimes of violence, threats, harassments, and property
crimes have occurred due to conflicts resulting from "rip offs" or
"territorial rights."
Another primary concern to law enforcement is the increase of
marijuana consumption among Hawaii's youth. The 1998 Hawaii
Student Alcohol and Drug Use Study conducted by the Hawaii
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 2
Department of Health, Alcohol and Drug Abuse Division shows that
21.6$ of high school students in the 12`h grade are dependant on
marijuana.
Further studies indicate that the upsurge in marijuana use by
youth is fostered by society's increasingly casual attitude and
more permissive atmosphere toward marijuana. The efforts of
national pro-marijuana groups have been highly publicized. The
June 2000 enactment of the medicinal marijuana bill has led
marijuana advocates to believe that marijuana cultivation has been
legalized.
Despite ongoing eradication and enforcement efforts by the
- Statewide ~,arijuana Eradication Task Force, marijuana cultivation
and/or distribution activities, and operations, continue.
Marijuana cultivators continue to develop and implement new and
innovative methods and expend tremendous efforts to ensure a
"successful harvest" of their illicit crop. This makes
enforcement efforts more difficult.
It is imperative that law enforcement, under the auspices of the
statewide task force concept, continue its coordinated efforts in
developing and improving progressive eradication, investigative,
and prosecutorial avenues, to curtail this problem.
B. GOALS AND OBJECTIVES:
The overall goals of the Statewide Marijuana Eradication Task
Force are to suppress marijuana cultivation, and to minimize
product availability in the State of Hawaii. This will be
achieved through coordinated efforts of the multi-agency task
force, consisting of Federal, State, and local law enforcement
agencies.
The Objectives Are:
1. Maintain a statewide task force of personnel from the four
County Police Departments, the Drug Enforcement
Administration, and other State and Federal law enforcement
agencies.
T 2. Coordinate and carry out eradication efforts throughout the
State of Hawaii, combining task force resources and manpower.
3. Standardize guidelines and procedures for marijuana
eradication field operations.
STATEWIDE MARIJ(7ANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 3
4. Provide standardized training in detection, eradication and
investigative techniques, and safety procedures.
5. Eradicate a minimum of 85,000 marijuana plants during the
project period.
6. Effect a minimum of 100 arrests relating to the cultivation
and/or distribution of marijuana.
7. Enforce civil and/or criminal asset forfeiture proceedings,
and to seize assets, as applicable.
8. Provide a minimum of four (4) educational presentations
regarding marijuana during the project period.
C. PROJECT ACTIVITIES:
1. Enforcement efforts will be directed towards marijuana
eradication and investigative efforts to identify and arrest
marijuana cultivators and/or distributors.
2. The Hawaii County Police Department will continue to take part
in coordinated efforts of the statewide multi-agency task
force.
This will include combining resources and manpower during
field operations and other enforcement efforts throughout the
State of Hawaii.
3. The Statewide harijuana Eradication Task Force will continue
to formulate and maintain effective and standardized r~rijuana
eradication operation guidelines and procedures for all member
agencies within the State.
This will include the development of and training in safety
procedures, eradication techniques, and standardized
guidelines relative to helicopter operations, in maintaining
the safety and welfare of the general public and law
enforcement personnel.
4. Training of personnel is an essential and necessary component
to ensure effective end successful operations under the task
force concept. Training will include attending conferences
and workshops on =opics that will be instrumental in
increasing the attendees' knowledge, effectiveness, and work
performance.
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGc 4
Training will also familiarize the task force officers with
current trends of various marijuana concerns and investigative
techniques.
5. Personnel will attend bi-monthly meetings in order to share,
collectively identify, and address any new or unusual
marijuana cultivation and/or distribution trends, techniques,
or issues.
Intelligence information is also shared at the bi-monthly
meetings.
6. Educational presentations relating to marijuana will be made
to schools and community groups.
D. PROJECT ORGANIZATION AND b".ANAGEMENT:
The project director for ~.he Hawaii County Police Department shall
be the lieutenant of the Hilo Vice Section. The project director
will be responsible for the overall management of the project and
will oversee department activities with the Statewide ~~arijuana
Eradication Task Force.
the project director reports to the captain of the Criminal
Investigation Division. The Criminal Investigation Division falls
under the comu~nand of the Assistant Chief of Investigative
Operations.
PERSONNEL:
Personnel utilized for this project shall be comprised of existing
full-time officers of the Hawaii County Police Department. There
will be no hiring of personnel for this project.
?ARTICIPATING AGENCIES:
1. The Hawaii County Police Department will be the lead agency
for the County Police Departments. We will be responsible for
coordinating communication and liaison activities among
representatives of the four County Police Departments and will
have the lead role in project activities.
2. The Statewide Marijuana Eradication Task Force, also known as
the Domestic Cannabis Eradication/Suppression Program
(DCE/S P), is comprised of the following County, State, and
Federal agencies:
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 5
a. Hawaii County Police Department
b. Honolulu Police Department
c. :1aui County Police Department
d. Kauai County Police Department
e. Department of band and Natural Resources
f. Hawaii Army National Guard
g. Drug Enforcement Administration (lead agency for the
DCE/SPA
h. Civil Air Patrol
G. PROJECT EVALUATION:
1. Analysis:
The project director will accurately record data and oversee
efforts and methods used to achieve the goals and objectives
of this project. Data will be compiled monthly.
The project director will also determine the success and/or
failure of project operations and whether modifications are
needed for optimum results. Any modifications or deviations
in operating procedures utilized to achieve the goals and
objectives will be recorded in order to form a basis of
comparison.
2. Performance Indicators:
a. The dates of eradication missions where the Hawaii Police
Department is the lead agency.
b. The total amount of marijuana plants eradicated, as well
as volume of processed marijuana recovered.
c. The dollar value of marijuana plants eradicated and
processed marijuana recovered.
d. The number of persons arrested for cultivation,
possession, and/or distribution of marijuana.
e. The type, amount, and value of assests seized.
f. The number and frequency of personnel provided to other
task force agencies' operations.
g. The number of multi-agency training sessions, number of
officers trained, and types of training received.
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 6
h. The number of inter-agency and multi-jurisdictional
investigations conducted.
i. The dates of task force meetings and the number of
personnel who attended.
j. The dates of educational presentations given and the
target audience.
H. PROBABILITY TO IMPROVE T~iE CRIMINAL JUSTICE SYSTEM:
Continued eradication missions and other enforcement efforts by
the Statewide Marijuana Eradication Task Force will significantly
disrupt cultivation and/or distribution operations as well as
considerably reduce the availability of the product. In
minimizing product availability, marijuana consumption and abuse
may be reduced.
Broadening the scope of enforcement and/or increasing
investigative efforts will serve to deter those who seek profits
from marijuana cultivation and/or distribution. This will include
conspiracy and financial aspects, along with asset seizures.
PART III. BUDGET DETAIL AND EXPLANATION
COST ELEMENT AMOUNT
. SALARIES AND WAGES
Sub-Total S 0
Employee Benefits @ % . S 0
. TOTAL SALARIES AND WAGES S 0
B. CONSULTANTS (Itemize)
TOTAL CONSULTANTS S 0
C. TRAi~1SPORTATION AI~1D SUBSISTENCE (Itemize)
Air fare: 5 8,160.00
S 120 inter-island x 4/mo. x 12 mos.
S800 out-of--state x 3/yr.
Per Diem: 8,840.00
78 days inter-island @ S80/day
20 days out-of--state @ 5130/day
Ground Transportation: 3,000.00
30 rentals @ ave. 2 days per vehicle
C S~0/day
Registration fees 2,000.00
TOTAL TRANSPORTATION AND SUBSISTENCE . S 22,000.00
AG/CPJAD ~2 05/96
PART III. BUDGET DETAIL AND EXPLAi~IATION
COST ELEMENT AMOUNT
D. SUPPLIES, POSTAGE, PRINTING, ETC. (Itemize)
Office Supplies and Equipment S 2,000.00
TOTAL SUPPLIES, POSTAGE, PRINTING, ETC. 5 2,000.00
E. OTHER COSTS (Specify)
Aircraft Rental: 150,000.00
Rental ~f civilian helicopters for S 99,500.00
aerial surveillance and marijuana
eradication operations based on 6
hrs. a day missions ~ 5650.00 per
hour
2~% Agency ivfatch X0,500.00
Equipment:
Rappel and field equipment 9,000.00
Miscellaneous Supplies: 6,000.00
Hazard Pav: 7,000.00
Communication: 6,000.00
TOTAL OTHER COSTS S 178,000.00
TOTAL PROJECT COSTS S 202,000.00
AG/CPJAD #2 05/96
BUDGET EXPLANATION
A. SALARIES AND WAGES:
N/A
B. CONSULTANTS:
N/A
C. TRANSPORTATION AND SUBSISTENCE: $ 22,000.00
Personnel Travel: Travel allocation is for all travel to include
airfare, per diem, ground transportation, and registration fees to
take part in Statewide ~~Igrijuana Eradication Task Force missions
" and operations, including other task force members throughout the
state; to attend task force meetings and other training within and
out-of-state; for confidential informants
D. SUPPLIES, POSTAGE, PRINTING, ETC.: 2,000.00
Miscellaneous office supplies required to complete the
administrative requirements of the project and equipment to secure
and properly store supplieti
E. OTHER COSTS: 178,000.00
Aircraft Rental: Rental of civilian helicopters for aerial surveillance
and marijuana eradication operations, based on $650.00 an hour
$ 99,500.00
The Hawaii County Police Department will provide the 25~ matching funds
from asset forfeitures for the rental of civilian helicopters for aerial
surveillance and marijuana eradication operations
50,500.00
Equipment: The purchase of rappel and field equipment to support
personnel in the field
9,000.00
HUDGEfi EXPLANATION (cont.)
Miscellaneous Su~~lies/Costs: The purchase of supplies required to
complete the administrative or the investigative requirements of
the project such as food and meals to support perso~anel during
eradication missions
6,000.00
Hazard: Hazard duty pay based on 25°s of the minimum rate of the
salary range for aerial observers and helicopter rappellers as
required
7,000.00
Communication: Digital telephone equipment and service with
"walkie-talkie" capability to allow personnel to converse with each
other throughout the State and to be able to speak with
confidential informants and undercover officers on a secure network
6,000.00
_
PART IV. ATTACHMENTS
s
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
AC~~PTA.NCB OF ~QNDITION~
The undersigned agrees, on behalf of the applicant agency, that:
1. This project, upon approval, shahl constitute an official part of Hawaii's Drug
Control and System Improvement Formula Grant Program established under Title
VI, Subtitle C, Part E, Subpart 1, of the Anti-Drug Abuse Act of 1968 (Public
Law 100-690).
Any grant awarded pursuant to this application shall be subject to and will be
administered in conformity with:
(a) general conditions applicable to administration of grants under Title VI,
Subtitle C, Part E, Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public
Law 100-690), as amended, as applicable;
(b) conditions applicable to the fiscal administration of grants under Title
VI, Subtitle C, Part E, Subpart 1, of the Anti-Drug Abuse Act of 1988
{Public Law 100-690), as amended, as applicable;
(c) any special conditions contained in the grant award; and
(d) general and fiscal regulations of the Crime Prevention and Justice
Assistance Division.
3. Any grant received as a result of this application may be terminated, or fund
payment may be discontinued, by the Crime Prevention and Justice Assistance
Division when it finds a substantial failure to comply wi*_` the foregoing
provisions, the application obligations or for non-availability of funds.
SUBh1ITTED BY
~
Signature: Date: -J~----~`~~--
Name: JAMES RSA Title: POLICE CHZSF
Agency : HAWAII POLICE DEPART~~..SNT
AG/CPJAD tt14 01/96
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
BERT FT T ON OF NOV-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or
other non-federal funds that would, in the absence of such federal aid, be
made available for law enforcement, criminal justice, and victir~c compensation
and assistance activities.
SUBMSTTED BY:
Signature: Date: D~---~-=-o~--
Name : JAMES S . CORREA Tit 1 e : POLICE CHIEF
Agency : HAWAI I POLICE DEPARTMENT
AG/CPJP~ ~3 01/96
CERT~FIC~fiION ~~NQIV-DISCRIMINATION
I certify that the applicant agency will comply with and will insure compliance by
its subgrantees and contractors with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, and 42 USC 3789 (d);
Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Title: II of the Americans with Disabilities
Act (ADA) of 1990; Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations
28 CFR Part 42, Subparts C, D, E, and G; and the Department of Justice regulations
on disabilitiy discrimination, 28 CFR Part 35 and Part 39. No person shall, on the
grourds of race, color, religion, national origin, sex, or disability, be excluded
from participation in, be denied the benefits of, be subjected to discrimination
under, or be denied employment in connection with any program or activity funded in
whole or in part with funds made available under this title from the U.S. Department
of Justice through the Department of the Attorney General, Crime Prevention and
Justice Assistance Division. The applicant agency also certifies that, if required
to formulate an Equal Employment Opportunity Program (ESOP) in accordance with 28
CER 42.301, se~q.^, it will maintain a current one on file. Noncompliance with
the discrimination regulations may result in the suspension or tbrmination of
funding.
str~riITTED ~v
Signature : Date : 0~--~-~-~~-
Name: J 5 S. C A Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMENT '
AG/CPJAD X15 01/96
C.~RTIFIC~1?'I®1V
Grant ?'it1e: Statewide Marijuana Eradication Task Force
Caranree Ncarr~e: Hawaii Police Department
A~dPeSS: 349 Kapiolani Street Cr~~tact ~e~o~a: T°e~ (808)9b1-2253
Hilo, Hawaii 96720 ~''Lt, Henry Tavares
Grant Nuaazher: O1-DB-18 Award Asrs~aarxt: $151, 500
,Date end effettsve dur~ti®rz ~f .~a~OP; February 23, 1993 (no expiration date)
policy Staterrserat: See attached.
C.~~7°I~ICA~ ~`I®N (~~f~~ ON ~I~
Certification ~tatemcnt:
1, JAMES S. CORREA (agcy ~ccutive ®~ceg], cvztify Lhnt the
HA~dAII POI,IGE DE~r~RTPiEtdT CO°•.,~~TY u HAWAI ~a:~~cy]
f®~ulat~d ~ ~~1 ~ploymrsat +~~ty flan in acroa~danet; ~ih 28 C°~°~ 423®1, Geo..
sul~art that ip has men si8ned into efsect by flee Is~oger agency aaat$orfty mad di.~~»,ated.to
all employees, d them it is cn e ix~ Ih~ (3ffice of JAMES S . COIiREA Vie]
34.9 Kapiolani Strut Hills Hawaii 9tS720
fo. zc~riew or audit by officials of count
State plannin8 a~enc oz the Cff:ce f®r Cavil Rig~ats, C~crmm of Jx~siic~ a~~ ~e~'d by
~ lames ations~
JAS? S S. CO POLICE CHIEF D~--~-~--C~--
[Sla [$tle] [Clatc]
C.~.IbT"~~TC~. (ND O~ QUID)
I ~..~:R~Y C~R`I'I~Y TAT 'I~ ~LJ~ ~G~~tCY 1~.5 T ~S$ ~N SQ I,,OY~,.E,S
~R~ciRE I~ NC`I` R~QL~ 'I'O 1\Z~1T .~N SOP, PLgJ~N°T° 'TO 28 CFR
42.01, ~I` S~~.
' [si~ature] [title] [8e]
Exriration I~atc: 12/31/98
Revised 2/22/96
_
~80~
~ .
I
i
i
-
Tt~~ Affir.~at~v~ Ac,~ian Plan of t~~ 0®unt~ of 13aaaa~i i~
~ av®i latle far r~vi~~r at t:fl~ Mayor's Offices, l~~aartra~nt ®f Civil
Services, i~onm S~rvic~s C~nt~s, anxi ~at~lic Iil,razi~s.
i £='ia~=':3£N~ OF FOLK`!
it is tie Policy o~ tits County of ~a~aaie to take gaasitiv~ and
~ cantin~tir.~ act:?n to ~ro~ot~ ~rsual ~laxsartlartity in its
I ea~p o•; ~~nt anc ~an~•_ act ~>o~rgtts aa~ in its activities a7•.d .
` ~P~ • . .~'j.
I ?~~a_ e~atJVt~~nt o ~ • ti
• p for . ~n~..ies ~xt~ncf _o awl F~rsons,
S :¢~~_dl~ss of ra~~, sax, a~~, r~Ii~ion, color, natios~a' ®ziz~iz,
` ::anaica~, ;~ar_taa dtafi:as, or arrest and cavrt recard. ;t is
*_ne i:~t~ne of t#:ms ~+®?io•, to:
I ~ st.~SUt@. ~QL.e l 1.T4'.'KxLI.sFY1t 171 r'~c°L11 tIIY~nt aYtd ~ValuaL' on
of an irtdivid~•al's atility, kros~led~~, skills, and
i . v _ ~
2. ~`:sLre nrn-gi=cr:~ination in all. Fersannel acticns,
inelucing ..:,ur. Zat liztited tr, r~sc_::it~enr., s~lec-~or.,
i ass:.«n~s~nt , co~:a~er~sat.on , trnnsf er , lavotf , ,and
~ ;.~_-ntr~ets~n.
• 3 . ~is~_ e _ at o~~o-ts:.iti~s for carer. advancetter: _ a_ e
:c3~~~ ~n jEf~tiv~ SL2nIIaL~S aY7d cY_t~rld :7e11:G~1
f~.aT_a?~ TG ~~Tg~Z~d'iC~ .d81~ t.~dL ::18 d.r1t~Y1~ Ia+£?
~I3z: ! l tFrJ .::Sr:S 15T ~Y:LI 7 .
I ~L:.J1Gt L ~L tP.~ cDntI?4::aT1S• aP1~ ~~Yl@Y1.LS a~ ~tOr~ dY~
availa~le ac~t~glly and al.ocat~cl on t::~ basis of
estatli.sn~ci crlt~ria and ~;t~tn::t oiscrZ~ira~;~_on.
1
°~re J~1 ;c-f o. e~~al o~aozm;~nit-, s}1311 b~ 3n~? ied in accarc3n=F
~rit~ _~cerai, stag, anc local lacas r~la.tin~ _o e~tsal
~~1cyTa~nt o~~o=m:~r.i~••~ _ .d a£iir-acive 3CLeDYY, ~er~t Si~~ei;
rt:l~s anca c~~u_at~-,ns, .~ro:-isions or ea_lact:ve tar~aani^c izv
arlc cantrsc_ ~~,d oLS~r .~indi.^c receral end ~.at~ -~gze~.r~::~r,=_ .
.
~i'~.rrr HAbyt1( • G +~44vA11 •+•8?~
DEPARTMENT OF THE ATTORNEY GENERAL
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
TIF ATI R N DR -FR W ~ R ~ M ?:T
I , z3AWAII POLICE DEPARTMENT (hereinafter
referred to as "grantee" certifies that it will provide a drug-free
workplace by:
(a) publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the grantee's ~~orkplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) establishing a drug-free awareness program to inform employees
about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy of maintaining a drug-free ~~rorkplace;
(3) any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) the penalties that may be imposed upon employees for drug
abuse violations;
(c) making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required
by paragraph (a);
(d) notifying the employee in the statement required by paragraph (a)
that, as a condition of employment under the grrant, the employee
will:
(1) abide by the terms of the statement; and
(2) notify the employer of any criminal drug statute conviction
for a violation occurring in the workplace not later than
five (5) days after such conviction;
(e) notifying the Department of the Attorney General, Statc: of ~iawaii,
within ten (10) days after receiving notice under subparagraph (d)
(2) from an employee or otherwise receiving actual notice of such
conviction;
AG/CPJ.AD tt16 01/96
(f) taking one of the following actions with respect to any employee
who is so convicted:
(1) taking appropriate personnel action against such an e~`~ployee,
up to and including termination; or
(2) recruiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) making a good faith effort to continue to maintain a drug-frame
workplace through implementation of paragraphs (a), (b), (c), (d),
(e) , and (f) .
.II. The grantee shall insert in the space provided below the site(s) for the
performance of work done in connection with this specific grant:
349 Kapiolani Street
Street Address Street Address
Hilo, Hawaii 96720
City, State, Zip Code City, State, Zip Code
Hawaii
County County
SUF3MITTSD BY
Name : JAMES S . CORREA Title : POLICE CHIEF'
Signature : Date : G ~-~--t~
Agency : HAWA ~lEPART?~NT
AG/CPJA.D X16 01/96
- as.a. uJera~4K 1 P9ttV 1 6)t ~ea~ J ~s.~
ofF'1Cia C:1= .ltJSTiG~ P'i~®GF8AAA5
C3r<F'tC;ie -Ci'{>< C:oBMPT~~ieL1:Ft
~arti~ioafi®rt R~gardin~
Debar~erlt, ~u~p~nsioa-~, l~eiigiiaiiifiy and V®luntary cciusi®rl
l~1~Wer ~`iar ~l~verad °T`ransacfions
(dub-Raf;ipient)
phis certification (s required by the regufat'ions irnplernenting I_xecutive Order 12549, i]ebarrnent and
5;aspension, 28 CFR Part 87, .Section 6fi.510, i~articipanis' responsibilities. The regulations were published
as Pa Yll o{ the lvlay 26, 1988 Federal Fiegisfer (pages 1916D-192'1).
(~1=FflRF C®MPLi`T1NG CERT1F1Co-1T1®N, RgA~ 1NSTRUCTiONS CN R1wVi=i~S1~
(1) ~e prospe :tine lower tier participant certifies, by submission of this proposal, chat neither it nor its
prirscipafs are p;esenEly debarred, suspended, praposed ior.debarment, declared in~figibfe, or vofuniarily
excluded front participation in this transaction by any Federal department or agency.
Where the prospective lower tier participant is unable to certify to any of the statements in this certif i-
ca,ion, such prospective participant shall attach an explanation to this proposal.
JAi~ES S. CORREA, POLICE CHIEF
Marne .and Title of authorized Representative
D ~-~---o
~ignatur Date
HALss~,II POLICE DEPARTMENT
Na:-ne of Organization
349 Kapiolani Street, Hilo, Hawaii 96720
.:,d: ess of Organization
Ce? cC~u t}j v• •ocv _.ec~ C.~'roV1 [Uh n
C S JR C=:_=ele.
Irlstt~~~i®n~ f®r ~~l:~tific~ti®n
1. Hy signing and submitting this proposal, the prospective lower tier panlclpant is providing the
certiticailon set out belaw.
2. The certlficatlon in this clause is a material representation of fact upon wtiich reliance was placed
when this transaction was entered Into. Il< it is later determined ittat the prospective lowr:r flat participant
knowingly rendered an erroneous ce~tfalcatlon, In addition to ether remedies available to he ~ederai
Government, the departrr~ent or agenc~~s wash which this transaction originated may pursue availabte
remedies, Including suspension andlor debaarnenY.
3. The prospective lowef 41st participant shall provide Immediate avritten no8lcs to tt3~ person to wfiich
tuts proposal is subrst:tted if at any tune flee prospective fewer tier participant learns filet Its c~rtiflcatlan
was erroneous when submitted or has became erroneous by reason of cfaanged circumstances.
The terms "covered- transaction,'E "debaned,'° °'suspended,'° '°lnellgibie,"'lower tier covered
transaction," "participant," "person," „primary covered transaction," °'princlpal," "pr~pasal,°° and
"voluntarily excluded," as used In this clause, have the meanings set out fn ilea Oeflnttlons and Coverage
sections of raise implementing ~cecutlve Order ~~d9.
_ 5. The prospective lower tier partfclp~*~t agrees by submitting this propose! that, should 2ha proposed
cavered transaction be entered into, it s#~al! not knowingly enter fnt® any lGlafer tier csa~sefed transaction
valth a person who !s debar~d, suspended, declared lneliglble, orv®lurrtariiy excluded ~roro paxticipatton
!n this covered Yraiasa~:ilon, unless autio:rized by fife departtnerat or agency with whdc~ ifai~ iransactlon
originated.
B. The prospective louver tier particlpaatt furttaer agrees by subrraltting tt~Is proposal that It wilt Jncfude
2fle clause titled "Certlf3catlon l~eginp ~ebarrra®nt, Suspension, Ise®lIQ1b11Ity and ~doiuntary
lxclusion~l;ower Tler vexed T~acil®ns,E4 Ali#taout nladiflcatiorl, 13E alt lQw~er tl~€ cavered
Yransactiaras and !n all solici2atlons for iffier tier ca~reresf transactloa~s.•
7, ~ participant fn a cavered trarasacifo~n rraay rely upon a certiflcatlon of a prospecti~r~ participant !n a
lower tier covered transaction Ltaat it !s riot debarred, sarspertded, inellglble, ar.voluntarl:Iy excluded franc
the cavered transaction, unless ti finovvs that the certiflcatlon Is erroneous. ~ particip~~t rraay decid® the
method and frequency by which !t di?termtnes itle eflglbIlity of lie principals. Bch participant ray check
the Nonprvcurement L1si.
8. Nothing cantalned In tfz~ foregoing staall be construed to require establlshmer~t of a system at
records in order to render in good faith he certiflcatfon required by Yfiis clause. TI'~~ ks~aawledge and
lnfarrnatlon of a participant !s riot req;~lred to •exceed that +!vhich !s norYraaily possessed by prudent
person (n the ordinary course of t~usiness dealings.
9. Hxcept far transactions auihoriaed under paragraph 5 of ttaese Insiructlans, if a partlclparat In a
cavered transaction knowingly enters into a lower flat cavered transaction ~aviittc person who !s
suspended, debarred, lnellgibte, ar voluntary excluded iran^o partielpatton in oafs trarasactlon, !n addltlan
to other remedies available to the ~ede:~ Government, 4Pae departrr<ent or agency with w#alch this
transaction originated may pursue available remedies, including suspension andlor debarment.
~R_m,_TI~'~,~Afi-,.SON REG~.,INf~ LOS~YING
Each person shall file the most current edition of this
certification and disclosure form, if applicable, with each
submission that initiates agency consideration of such person for
an award of a Federal contract, grant, or cooperative agreement of
$100,000 or more; or Federal loan of $150,000 or more.
This certification is a material representation of fact upon which
reliance was placed when this 'transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this tra~iSact~,On imposed by section 1352, title 31,
1J.S. Code. Any person j~fho fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and
belief, that:
- (1) No Federal appropriated funds have .been paid or will be paid
to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a :~etr:ber of
Congress, an officer or employee of Congress, or an employee
of a ~~~ember of Cong teas in connection with the awarding of any
Feder~:;.l contract, the m:~~ing of any Federal grant, the making
of any Federal loan, the entering into of any cooperative
agreerraent, and the extension, continuation, renewal,
amendment, or r,~odification of any Federal contract, grant,
loan or cooperative agreement.
(2) If any non-Federal funds have been paid or will be paid to any
person for influencing tar attempting to influence an officer
or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a i~iember
of Congress in connection with Federal contract, grant,
loan, or cooperative agreement, the. undersigned shall :.initial
here and complete and submit Standard Form ~ LLL,
"Disclosure of Lobbying Activities", in accordance with its
instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tier: and that all subrecipients shall
certify and disclose accordingly.
Hawaii Police Departffi~nt
349 Kapiolar.i Street
_ Hilo, Hawaii 96720 JAMES S. CORREA, POLICE CHIEF
Name and Address of Organization. of Authorized Individual
'gnat e and e
O1-DB-18
Application No. Nam of OJP Agency
Bureau o tice Assistance
?rev . 1 / 9 0