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HomeMy WebLinkAboutCOM 0521.071 2002-2004 „r~ Harry Kim r~'w'~~''•.,y Lawrence K. Mahuna Mayor Police Chief Harry S. Kubojiri ••e~.M~.M?C Deputy Police Chief County of Hawaii October 7, 2004 POLICE DEPARTMENT 349 Kapiolani Stree[ • Hilo, Hawaii 96720-3998 (808) 935-3311 • Fax (SOS) 961-8869 TO JAMES Y. ARAKAKI, COUNCIL CHAIR AND COUNCIL MEMBERS VIA DEAN , CONTROLLER J~:-~4s" i`~''t` _ _ FROM RENCE K. MAHUNA, POLICE CHIEF ' SUBJECT NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. A•1-55, Section 7(1) Name of Grant Program: Statewide Marijuana Eradication State Department of the Attorney General Crime Prevention and Justice Assistance Federal or State Grantor: Division County Grantee Department/Agency: County Police Department Grant No.: 03-DB-15 Amount of Grant: $208,000.00 Amount of County Match: $52,000.00 County Revenue & Expenditures Acct 010-201-5219.48 & 3304.77 Grant Period: September 1, 2004 -August 31, 2005 Purpose of Grant: To suppress marijuana cultivation and to minimize product availability in the State of Hawaii. Is final report required by grantor? yes Notification Attached: yes Comm. Np. SZI•, Ref. To:_yr~~- " Hawaii County is an Equal Opportunity Provider and Employer" Re{, Uo}n V~+1 `t LUU4 r'~f SE OF LINDA LINGLE + ~ ''~e16 per' MARK J. BENNETT GOVERNOR ~ _A ATTORNEY GENERAL RICHARD T. BISSEN, JR. an ~oyY~ FIRST DEPUTY ATTORNEY GENERAL STATE OF HAWAII r DEPARTMENT OF THE ATT,ORM~Y ~~ry' EaAU L ~ 41~ Crime Prevention & Justice Assistance Division 235 SOUTH BERETANIA STREET, SUITE 401 HONOLULU, HAWAII 96813 (808)586-1500 September 9, 2004 The Honorable Lawrence Mahuna Chief of Police Hawaii County Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear Chief Mahuna: Enclosed is the fully executed contract for the following project: Project Number: 03-DB-15 Project Title: Marijuana Eradication Task Force Project Period: 09/01/2004 - 08/31/2005 Federal Amount: 156 000 AG Match: Agency Match: 52 000 Total Project Cost: $208,000 You may begin to request funds for your project by submitting a Request for Funds and Cash Balance Report Form (AG/CPJAD form# 7) to our office. If you have any questions or concerns regarding the contract, please call Ralph Uyeoka at 586-0888. We look forward to the implementation of this project. Sincerely, L c y r', Lari Koga Administrator LK/RU Enclosure Project Number 03-DB-15 C O N T R A C T THIS CONTRACT, executed on the respective dates indicated below, is effective as of September 1, 2004, 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 seq., 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, with emphases on violent crime and serious offenders, including the following programs: (1) 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 programs 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; (5) 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 Rev. 07/00 2 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; (8) 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; (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 additional public correctional resources and improve the corrections system, including treatment in prisons and jails, intensive supervision programs and long-range corrections and sentencing strategies; Rev. o~/o0 3 (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; (15) 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 drug-dependent offenders and enhancement of state and local forensic laboratories; (b) for criminal justice information systems to assist law enforcement, prosecution, courts and corrections organizations (including automated fingerprint identification systems); Rev. 07/00 4 (16) innovative programs which demonstrate new and different approaches to enforcement, prosecution and adjudication of drug offenses and other serious crimes; (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 who 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 Rev. 07/00 5 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; (25) 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; (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 which 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; Rev. 07/00 6 WHEREAS, Grantee, as an agency of the County 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; NOW THEREFORE, Agency and Grantee for and in consideration of the covenants, conditions, agreements, and stipulations hereinafter expressed, do mutually agree as follows: Rev. 07/00 7 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 with 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 September 1, 2004 to and including August 31, 2005 unless this Contract is sooner terminated as hereinafter provided or unless this Contract is extended in accordance with Section L. of this Contract. Rev. 07/00 $ C. PERFORMANCE REQUIREMENTS AND CONDITIONS. I. 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 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 will 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 Workplace Requirements which meets the requirements of xev. o~/oo g the Drug Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D), hereinafter referred to as the "Drug-Free Workplace Certification". A copy of the Drug-Free Workplace 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 Drug-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 the Drug-Free Workplace Certification shall subject the State of Hawaii to government- wide 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 with the execution of this Contract, Grantee shall complete, execute and submit to Agency a Certification Regarding Debarment, Suspension, Rev. 07/00 1~ Ineligibility and Voluntary Exclusion, hereinafter referred to as the "Debarment Certification". A copy of the Debarment Certification shall be included in Part IV 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. 5. 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 IV 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 Rev. o~/o0 11 properly reflect all direct and indirect expenditures and all interest or other income earned as the result of funds provided pursuant to this Contract. Grantee shall ensure that its own 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 with 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. Rev. 07/00 12 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 action 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 seg., and the Hawaii State Fair Employment Practices Act, Chapter 378, Hawaii Revised Statutes. 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 seq. it will submit a certification to Agency that a current program is on file. 11. Grantee shall ensure that Fifty two thousand dollars ($52,000.00) 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 Rev. 07/00 13 the timing of match contributions. If, at the end of the contract period, Agency determines that Grantee does not have the required matching contribution, Grantee shall return all of the federal portion of the project cost for which 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 which 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. Rev. 07/00 14 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 INDEPENDENT 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 Rev. 07/00 15 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 Contract alone shall not be construed as employment with the State of Hawaii 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) employment 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. Rev. o~/o0 16 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 six thousand dollars ($156,000.00) 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. Zt is covenanted and agreed by and between 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 when the federal funds are so received 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. Rev. 07/00 1~ 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 Treasury 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 expenditures 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 are determined by Agency to be inappropriate and unallowable, Agency may Rev. 07/00 I8 require that an equivalent amount of moneys be refunded to Agency notwithstanding Agency's preliminary determination of appropriateness and allowability. 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 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 expenses, 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 xev. o~/o0 19 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 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 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 law. Rev. 07/00 20 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 period 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 Rev. 07/00 2j provisions of the "Application For Grant" may be requested by Grantee, approved by the 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 (45) 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 INTEREST. 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. Rev. 07/00 22 N. TERMINATION 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 promises, 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 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. Rev. o~/oa z3 3. In the event of termination of either type, all finished or unfinished documents, reports, summaries, lists, charts, graphs, maps, or other written material prepared by Grantee, under this Contract shall, at the 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. 4. 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 Grantee of this Contract. O. WAIVER. 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 xev. o~/o0 24 waiver or 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 (15) 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 final 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 Rev. 07/00 2S 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 writing and designating them as exhibits to this Contract. Any such exhibit shall be attached hereto and thereby incorporated herein. i" Rev. o~/o0 26 IN WITNESS WHEREOF, the parties hereto have executed this Contract. DEPARTME OF THE ATTORNEY GENERAL APPROVED AS TO FORM: STATE O QAII, ("AGENCY") i f~ ,t ~L4ti~ k a r~--% BY Deputy Attorney General, State of xawaii Print N e Mark J. Bennett Its Attorne General Date SEP Q s 20 4 HAWAII COUNTY POLICE DEPARTMENT COUNTY OF HAWAII, ("GRANTEE") By Print Name Dixie Kaetsu Title l~a~~gj,~g Director Date ~Tr APPROVED AS TO FORM AND LEGALITY B r' a BR NDON A. K.fa NjALEZ Ti Corporation Counsel Date fB/ice/o.{ Approved as to Availability of Funds APP RECD ENDED (n the amounts and for the purposes s forth her n B Print Name Lawrence K. Mahuna Title Chief of Police DIRECTOR OF FINANCE Date AU G 13 [G~,~~ Rev. 07/00 Z'] STATE OF HAWAII ) SS. COUNTY OF HAWA'{I,I ) /'L On this day of C/~ ~ , 2004, before me personally appeared DIXIE KAETSU, to me personally known, who, being by me duly sworn, did say that she is the Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. `h . \ cCC t !L ,~~,7 ~/2L~ cc F-~>~-r VI INIA M. TOLENTINO Notary Public, State of Hawaii My commission expires: 4/22/2005 ~~~~~«runr~n~i 4 .,~y~. ,..P~~~. ~p4nOF~N~`~~ CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL 235 South Beretania Street, Ste. 401 Honolulu, Hawaii 96813 APPLICATION FOR GRANT PART I. TITLE PAGE A. PROJECT TITLE: STATEWIDE MARIJUANA ERADICATION TASK FORCE B. APPLICANT 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: From September 1, 2004 To August 31, 2005 F. AUTHORIZED PURPOSE AREA: (2 ) G. TYPE OF AWARD: New Continuation X H. TOTAL PROJECT COSTS: SOURCE OF FUNDS PERCENT AMOUNT Federal Fuuds 75% $156 , 000.00 At[oruey General Malch ~ Agency Match 52 , 000.00 TOTAL looms $208,000.00 I. PROJECT DIRECTOR Name: Norman Keamo Tile: Lieutenant E-Mail: 349 Kapiolani Street Address: Hilo, Hawaii 96720 Telephone: (808)961-2253 FAX:(808)961-2372 J. FINANCIAL OFFICER Name: Kay Nishibayashi Tjtje: Accountant IV E-Mail: 349 Kapiolani Street Address: Hilo, Hawaii 96720 Telephone: (808)961-2274 FAX: FOR CPJAD USE Date received: ~ € ~ ~ ~ 2~Q4 Project Number: O3 - fl'Qj - ( S ecrcv~w.n ~nsroo: EXHIBIT °A° STATEWIDE MARIJUANA ERADICATION TASK FORCE HAWAII COUNTY POLICE DEPARTMENT A. PROBLEM: The cultivation of marijuana throughout the County and State of Hawaii remains a serious threat to the community. Law enforcement investigations have found that marijuana continues to be readily accessible on the street, and is often perceived as being not a harmful substance, thus increasing its role as a "gateway drug". Marijuana use often leads to the abuse of other, more potent and hazardous drugs such as cocaine and crystal methamphetamine. Additionally, marijuana is often used as a means for drug users to generate cash to support their other "hard drug" habits, and is commonly used as a medium to trade or barter for such drugs. Hawaii has been notorious for being a major source of high quality marijuana since the early 1980's, with prices for Hawaii grown marijuana ranging from $900 to $600 an ounce. Intelligence has indicated that at least half of the marijuana produced locally is shipped to the U.S. mainland, particularly throughout the West Coast, and the remainder is split between Hawaii County and the rest of the State of Hawaii. In 2003, the Hawaii County Police Department, in a combined effort with the Statewide Marijuana Eradication Task Force eradicated 53,899 marijuana plants, recovered 86.63 pounds of dried processed marijuana, dismantled 9 indoor growing operations and made 606 arrests. Also recovered were a total of $139,566.39 U.S. currency, 16 vehicles and 17 weapons. Although the number of eradicated plants has decreased since the earlier years (80,474 in 2001 and 79,779 in 2002) of the marijuana eradication program, the problem remains as significant a threat as before. The plant count has decreased for several reasons, to include adaptation by cultivators to utilize indoor growing techniques and advanced methods of camouflaging their marijuana grows. Marijuana growers have aggressively pursued every avenue to protect their operations, often utilizing the political bandstand by lobbying for pro-marijuana legislation. Such efforts have resulted in flight restrictions on marijuana eradication missions, doubling the minimum height above ground to 1,000 feet, and creating a 500 feet lateral distance around any buildings, structures and livestock in which helicopters are not permitted to fly. These restrictions exist only in Hawaii County, making the Big Island appear as a safe haven for marijuana cultivators world-wide. Even with such restrictions already enacted, cultivators continue to put pressure on elected officials, flooding the telephone lines with complaints whenever a helicopter flies overhead, whether the helicopter is related to marijuana eradication or not. Other, STATEWIDE MARIJUANA TASK FORCE DESCRIPTION OF PROJECT PAGE 2 more drastic measures to protect their marijuana grows have also begun to surface in recent events: • In May, 2004, while conducting a search warrant of a residence in Hilo involved in the cultivation of marijuana, Hawaii County Police recovered 209 marijuana plants, 260 grams of processed marijuana, 7 pistols and 2 rifles, one of which had been converted to be fully automatic. • In June, 2004, during a marijuana eradication mission, aerial fireworks were fired at helicopters flying in the Puna District in an attempt to cause the helicopters to crash. The County of Hawaii continues to be the primary location in the State for the illegal cultivation of marijuana. The vast land area, much of which remains undeveloped and overgrown with natural vegetation, as well as ideal weather and climate conditions provide the perfect geographic zone for such activities. Over the years, Hawaii County Police have received a number of reports from the public, to include hunters, farm workers, hikers, surveyors, and even property owners visiting their own lands in remote areas who were confronted and threatened by persons with weapons. These innocent citizens are intimidated and warned to stay away from the area, or to "not disturb their crop." On other occasions, such citizens have reported actually stumbling into marijuana grows or coming across signs posted along trails with threats of injury or death to anyone that comes into the area. 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 of incidents that have taken place, whereby crimes of violence, threats, harassments, and property crimes have occurred due to conflicts resulting from friction between competing growers, or between growers and other citizens who live in or frequent the area. Another primary concern to law enforcement is the widespread use and abuse of marijuana, particularly among Hawaii's youth. Also worthy of consideration is the fact that due to refined cultivation techniques, THC levels in marijuana are now 20 times higher than they were in the 1960's. For these reasons, marijuana is regarded by Hawaii's HIDTA program as one of the most significant drug threats to the State of Hawaii, second only to that of crystal methamphetamine. STATEWIDE MARIJUANA TASK FORCE DESCRIPTION OF PROJECT PAGE 3 While conducting guest speaker appearances at schools throughout the Big Island, members of the Hawaii County Police Department have repeatedly inquired from the students as to what illegal drug they most frequently encounter on school campuses. The answer has been the same at every school: "Marijuana... It's all over the place." The following chart depicts the results of the 2002 Hawaii Student Alcohol and Other Drug Use Study conducted by the Hawaii Department of Health, regarding marijuana use among youth in Hawaii County: 2002 AAWAII STUDENT ALCOHOL, TOBACCO AND OTHER DRUG USE STUDY (MARIJUANA USE) DISTRICT lOT" GRADE 12~" GRADE CENTRAL HILO Ever used 35.0$ 59.1$ Used in the last 30 days 14.9$ 25.9$ HILO Ever used 33.3$ 50$ Used in the last 30 days 9.7$ 16.7$ HONOKAA Ever used 97$ 56.5$ Used in the last 30 days 28.2$ 26.4$ KAU Ever used 43.6$ 66.7$ Used in the last 30 days 31.5$ 90$ KEAAU Ever used 33.6$ Used in the last 30 days 21.5$ KOHALA Ever used 50$ Used in the last 30 days 26.8$ NORTH KONA Ever used 73.38 Used in the last 30 days 26.7$ SOUTH KONA Ever used 56$ 58.7$ Used in the last 30 days 30.8$ 28.9$ PAHOA Ever used 61.5$ 72.7$ Used in the last 30 days 36.9$ These alarming statistics of marijuana use by Hawaii's youth reflect society's increasingly casual attitude and more permissive STATEWIDE MARIJUANA TASK FORCE DESCRIPTION OF PROJECT PAGE 4 atmosphere toward the use of marijuana, particularly in the rural districts where marijuana is primarily grown. The efforts of national pro-marijuana groups have been highly publicized. The June 2000 enactment of the medicinal marijuana bill by the Hawaii State Legislature has led many marijuana advocates to believe that marijuana has now been completely legalized in Hawaii, and this misinformed message is being spread throughout the Big Island by those who wish to overwhelm law enforcement efforts by flooding the community with marijuana. Despite ongoing eradication and enforcement efforts by the Statewide Marijuana Eradication Task Force, marijuana cultivation and/or distribution activities, and operations, continue. Marijuana cultivators are continuously developing and implementing new and innovative methods and expend tremendous efforts to ensure the success and profitability of their marijuana grow operations. This has made enforcement efforts increasingly more difficult, requiring longer and more sophisticated investigations. In order to prevent these illicit marijuana cultivation and distribution operations from reaching epidemic proportions in the State of Hawaii, 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, coupled with proactive investigations and aggressive prosecution efforts 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. The Objectives Are: 1. Coordinate and carry out eradication efforts throughout the State of Hawaii, combining task force resources and manpower. 2. Provide standardized training in detection, eradication and investigative techniques, and safety procedures. 3. Eradicate a minimum of 85,000 marijuana plants during the project period. 4. Effect a minimum of 100 arrests relating to the cultivation and/or distribution of marijuana. STATEWIDE MARIJUANA TASK FORCE DESCRIPTION OF PROJECT PAGE 5 5. Enforce civil and/or criminal asset forfeiture proceedings, and to seize assets, as applicable. 6. Provide a minimum of four (9) 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. Helicopters will conduct reconnaissance for marijuana for eradication missions and probable cause for search warrants for commercial promotion of marijuana investigations. Helicopters will also be utilized to transport officers into marijuana patches for harvesting during marijuana eradication missions. 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 Marijuana Eradication Task Force will continue to formulate and maintain effective and standardized marijuana 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. 9. Training of personnel is an essential and necessary component to ensure effective and successful operations under the task force concept. Training will include attending conferences and workshops on topics that will be instrumental in increasing the attendees' knowledge, effectiveness, and work performance. STATEWIDE MARIJUANA TASK FORCE DESCRIPTION OF PROJECT PAGE 6 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 MANAGEMENT: The project director for the 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 Marijuana Eradication Task Force. The project director reports to the captain of the Criminal Investigation Division. The Criminal Investigation Division falls under the command of the Assistant Police Chief of Area I Operations. E. 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. F. PARTICIPATING 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/SP), is comprised of the following County, State, and Federal agencies: STATEWIDE MARIJUANA TASK FORCE DESCRIPTION OF PROJECT PAGE 7 a. Hawaii County Police Department b. Honolulu Police Department c. Maui County Police Department d. Kauai County Police Department e. Department of Land and Natural Resources f. Hawaii Army National Guard g. Drug Enforcement Administration (lead agency for the DCE/SP) 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 training sessions, number of officers trained, and types and dates of training received. STATEWIDE MARIJUANA TASK FORCE DESCRIPTION OF PROJECT PAGE 8 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 THE CRIMINAL JOSTICE 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 A. SALARIES AND WAGES Overtime, hazard, night differential pay (excludes straight time): Based on 60 hrs/mo. @ $25/hr x 12 mos. Sub-Total $ 18,000.00 Employee Benefits @ % $ 0 TOTAL SALARIES AND WAGES $ 18,000.00 B. CONSULTANTS (Itemize) TOTAL CONSULTANTS $ 0 C. TRANSPORTATION AND SUBSISTENCE (Itemize) Air fare: $ 9,600.00 $200 inter-island x 3/mo. x 12 mos. $800 out-of--state x 3/yr. Per Diem: 7,390.00 68 days inter-island @ $80/day 15 days out-of--state @ $130/day Ground Transportation: 3,000.00 30 rentals @ ave. 2 days per vehicle @ $50/day Training: 2,0] 0.00 Expense for tuition and registration fees to attend workshops, seminars, and conferences TOTAL TRANSPORTATION AND SUBSISTENCE . $ 22,000.00 AG/CPJAD #2 05/96 PART III. BUDGET DETAIL AND EXPLANATION COST ELEMENT AMOUNT D. SUPPLIES, POSTAGE, PRINTING, ETC. (Itemize) Office Supplies and Equipment $ 1,000.00 TOTAL SUPPLIES, POSTAGE, PRINTING, ETC. . . . . . . . . $ 1,000.00 E. OTHER COSTS (Specify) Aircraft Rental: $ 151,500.00 Rental of civilian helicopters for $ 99,500.00 aerial surveillance and marijuana eradication operations based on 6 hrs. a day missions ~ $700.00 per hour 25% Agency Match 52,000.00 Equipment: Rappel and field equipment 7,000.00 Miscellaneous Supplies: 3,000.00 Corrvnunication: 5,500.00 TOTAL OTHER COSTS . . . . . . . . . . . . . . . . . . . $ 167,000.00 TOTAL PROJECT COSTS $ 208,000.00 AG/CPJAD #2 05/96 BUDGET EXPLANATION A. SALARIES AND WAGES: $ 18,000.00 To compensate officers and civilian staff for working overtime while conducting SMETF eradication and investigations (estimating an average of 50 hours of overtime per month, paid at $25 per hour, for 12 months). B. CONSULTANTS: N/A C. TRANSPORTATION AND SUBSISTENCE: $ 22,000.00 Personnel Travel: Travel allocation is for all travel to include airfare, per diem, and ground transportation to take part in Statewide Marijuana 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 $ 19,990.00 Training: For tuition and registration expenses to attend a variety of workshops, seminars and conferences which will further develop the investigator's knowledge and techniques in marijuana related investigations and operations 2,010.00 D. SUPPLIES, POSTAGE, PRINTING, ETC.: 1,000.00 Miscellaneous office supplies required to complete the administrative requirements of the project and equipment (file cabinets, metal shelving, etc.) to secure and properly store supplies (plastic storage boxes, cardboard boxes, et.) E. OTHER COSTS: 167,000.00 Aircraft Rental: Rental of civilian helicopters for aerial surveillance and marijuana eradication operations, based on $700.00 an hour 99,500.00 The Hawaii County Police Department will provide the 25o matching funds from asset forfeitures for the rental of civilian helicopters for aerial surveillance and marijuana eradication operations 52,000.00 BUDGET EXPLANATION (cont.) Equipment: The purchase of rappel and field equipment (rappel ropes, seats, and helmets; carabiners; boots; Nomex flight suits; descenders; compass; global positioning system (GPS); safety goggles; gloves and other rappel gear; other field gear and camouflage equipment as needed for stake-outs) to support personnel in the field 7,000.00 Miscellaneous Supplies/Costs: The purchase of supplies required to complete the administrative or the investigative requirements of the project such as food and meals to support personnel during eradication missions 3,000.00 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 5,500.00 Part IV. ATTACHMENTS (Certifications) DEPARTMENT OF THE ATTORNEY GENERAL. Crime Prevention and Justice Assistance Division ACCEPTANCE OF CONDITIONS The undersigned agrees, on behalf of the applicant agency, that: 1. This project, upon approval, shall 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 1988 (Public Law 100-690). 2. Any grant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) genera] 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 ]00-690), 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 with the foregoing provisions, the application obligations or for non-availability of funds. SUBMITTED BY: v~~>~-~~ Date: 't~N 2 9 2~~°~ Signature: Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT AG/CPJAD #14 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-SUPPLANTING I certify that federal funds will not be used to supplant State, ]ocal or other non-federal funds that would, in the absence of such federal aid, be made available for law enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED B r~>_~_ ~ ~ Signature: ~ Date: Ji.N 2., cJ~' Name: LAWRENCE K. MAHUNA Tit]et POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT AG/CPJAD #3 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRIMINATION 1 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 ofthe Rehabilitation Act of 1973, as amended; Title II ofthe 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, 2S CFR Part 35 and Part 39. No person shall, on [he grounds 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 rohole or in part with funds made available under this title from the U.S. Department of Justice through the Department ofthe Attorney General, Crime Prevention and Justice Assistance Division. The applicant agency also certifies that, ifrequired to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, et. seq., it will maintain a current one on file. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED BY: Signature: ei~~~~~~----- Date: '~~N 2 9 2,~,C!~' Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF 4~ency: HAWAII POLICE DEPARTMENT AG/CPJAD #15 06/02 CERTIFICATION Grant Title: Statewide Marijuana Eradication Task Force Grantee Name: Hawaii Police Department Address: 349 Kapiolani Street Contact Person: Tel.~:(g08)961-2253 Hilo, Hawaii 96720 Lt. Norman Keamo Grant Number: Award Amount: $156,000.00 52,000.00 (Agency Match) Date and effective duration of EEOP: $ 208 , 000.00 February 23, 1993 (no expiration date) Policy Statement: See attached. CERTIFICATION (EEOP ON FILE) Certification Statement: I LAWRENCE K. MAHUNA (executive officer], certify that the HAWAII POLICE DEPARTM>:NT ConNTV nF unwnTr (organization] has formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, g seq., subpart E, that it has been signed into effect by the proper authority and disseminated to all employees, and that it is on file in the Office of LAWRENCE K. MAHUNA [name], 349 Kapiolani Street, Hilo, Hawaii 96720 (address], Police Chief [title], for review or audit by officials of th State planning agency or the Office far Civil Rights, Office of Justice Programs as required releva and re ulations. LAWRENCE K. MAHUNA, POLICE CHIEF Z9 Q~C. [signature] [title] [date] CERTIFICATION (NO EEOP REQUIRED) 1 HEREBY CERTIFY THAT THE FUNDED ENTITY HAS LESS THAN 50 EMPLOYEES AND THEREFORE IS NOT REQUIRED TO MAINTAIN AN EEOP, PURSUANT TO 29 CFR 42.301, ~ S,~Q. (signature] [title] (date] OMB Approval No. 1121-0140 Expiration Date: 09/30/2002 Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time to complete and file this certification is 15 minutes per application. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the Office of Justice Programs, Office for Civil Rights, 810 T" Street N. W., Washington, D.C. 20531. • Mfit~li7 T. W7~TO~Mr .M,o. /t ` ~ . ~ C ! I The Affirzative Action Plan of the County of Hawaii is ' available for review at the Mayor's Office, Deaartment of Civil Service, Rona Services Center, and public libraries. S.A. E:7EN i OF POLICY it is the policy of the County of Hawaii to take positive and ~ conLinuirg action to promote equal opportunity in its empia•;aent anc ron*_ract programs and in its activities and EG::a employment cppor*_nities extend to all persons, I rPC~c:d_c55 of race, SE%, age, religion, COlOr, national OriCi1, . =3ndican, 91aL~~ai ~Cdt.]5, Or dCZ eSt and COUrT. CeCOrd, it iS ' the intent of tl:_s ~+olic•; to: I Assure equal trPar.mFnt in recruirment and evaluation of an individ'_al's atility, knowledge, skills, and '.u: i' 2. E:SL`rP. nnn-discrtalnation in all personnel acticr.s, inclt:cinq au r. no- Ii:iited to recr::itwenL, selee-:or., i assi.anment, comaensat:on, transfer, layoff, an8 ;.e.minocion. I 3. E:isc:re ~r.at oaaorLUr.ities For career. advancement are teased on oa;eetive stanaards and cz:r.eria val.cly re.arad ro oerforaance :.nd t^at ;he criteria ne apL I 1 F. ~7 R:fn S15T.EnL1y . . Prcvicr t at the condir.:ons and heneiits of. wore: are i availatle egLally and al:ocated on L::e basis cf establisnac criteria and v;thout aiserimina-:on. I The pcl:cy o_° equal oppor=unit- shall be applied in accorcan.e wits 'ecerai, state, and local iavs relating to equal employment opnortur.it.~ ..-.c aifir-aLive action, merit system CL'le5 3nCl C?~:1_oLiORS, cro:•isions of CO11@Ct.Ye bargain i::c i?_~' dnC COnLr3CLS, cAd GLt.eI Lndl,.^.C ~2C.2CdL_nd slate requ_re^:en__. °_~s13_T$('" is I CL~U'rTV H~Wtu ..,.p u~,WAlI 94720 DEPARTMENT OF THE ATTORNEY GENERAI. Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIItEMENTS I HAWAII POLICE DEPARTMENT (hereinafter referred to as "grantee" certifies that it will provide adrug-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 workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing adrug-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 workplace; (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 grant, 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 occumng in the workplace not later than five (5) days after such conviction; (e) notifying the Department of the Attorney General, State of Hawaii, within ten (10) days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction; (f) taking one of the following actions with respect to any employee who is so convicted: AG/CP7AD #16 06/02 (1) taking appropriate personnel action against such an employee, up to and inc]uding termination; or (Z) requiring 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 adrug-free 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 SUBMITTED C_r/l~ls~ - Date: '~'1 ~ ~ Signature: Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT AG/CPJAD#]6 06/02 ~~~~~~TTj~~j~~jj~~t U.S. DEPARTMENT OF JVSTiCE ST;!,yJ~ OFFICE Of JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub•Recipient) Thls certification 15 required by the regulations Implementing Executive Order 125x9, Debarmen! and SuspanslOn, 28 CFR Pan 67, Section 67.510, Participants' responsibilities. The regulations werC publishCd as Pan VII of the May 26, 7988 Federal Aegisror (pagos 19150.19211), (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON AEVERSE) (1) The prospective lower tier participant certifies, Dy submission of Ihis proposal, that neither ii nor its principals ara prosentiy debarred, suspended, proposed for debarment, declared ineligible, or volunisrity excluCed from participation in this transaction Dy any F@dardl depanmen~ or agency. Where Iho prospective lower tier particlpant is unable to certily So any of the statements In this certiti• canon, such prOSpBCtlve particlpant shall attach an explanation to Ihis proposal.. LAWRENCE K. MAHONA, POLICE CHIEF Name a Title of Auth rued Representative ~t~-s ~~_iN 2 y 2~~~!~ Signature Date HAWAII POLICE DEPARTMENT Name of Organization 349 Kapiolani Street, Hilo, Hawaii 96720 Address of Organization O;v r0%~u 6~SY. T~ Om ~.~n M<r., xx te»'+u DEPARTMENT OF THE ATTORNEY GENERAL, Crime Prevention and Jus[ice Assistance Division CONFIDENTIAL FUNDS CERTIFICATION ] certify that I have read the effective edition of the Office of Justice Programs' Guideline Manual entitled "Financial and Administrative Guide for Grants", and I agree to abide by all the conditions for confidential funds as set forth in the manual. SUBMITTED BY~ Signature: Date: ~ ~ Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF Aeency: HAWAII POLICE DEPARTMENT AG/CPJAD #18 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING LOBBYING Each person shall file the most current edition ofthis 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 $ l 00,000 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 ofthis certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who 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 Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification 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 or 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 Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial here and complete and submit Standard Form # LLL, A 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 tiers and that all subrecipients shall certify and disclose accordingly. Hawaii Police Department 349 Kapiolani Street Hilo, Hawaii 96720 LAWRENCE-K. MAHUNA, POLICE CHIEF Name and Address of Organization Name of Authorized Individual Signature and date bg- Dt3' /,s Bureau of Justice Assistance Application No. Name of OJP Agency AG/CPJAD #22 Rev. 06/02