HomeMy WebLinkAboutCOM 0953.001 1996-1998
Project Number 97-nn-2i
C O N T R A C T
r
THIS CONTRACT, dated 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".
WTTNESSET'H
WHEREAS, Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U. S. C. SS 3711 gt sea., 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; 11
f~Q ~ 1998
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(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
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
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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;
(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
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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);
(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;
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(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;
(25) programs to develop or improve forensic laboratory
capabilities to analyze DNA for identification purposes; and
(26) programs to assist states in the litigation processing of
death penalty federal habeas corpus petitions.
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 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
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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:
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
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Guide."
B. TERM OF CONTRACT.
This contract shall be in effect for the period from
July 1, 1298 to and including June 30 1999
unless this Contract is sooner terminated as hereinafter provided.
C. PERFORMANCE REOUTREMENTS 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
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 non-expendable 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.
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 the Drug
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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 and that Grantee shall fulfill the requirements set forth
therein. Grantee's execution and submission of a false Drug-Free
Workplace Certification, or Grantee's violation 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, 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 and that Grantee shall fulfill any and all
terms and conditions set forth herein.
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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 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 and 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 reports in such form and at such
times as Agency or the Bureau of Justice Assistance may require; at
minimum, Grantee shall submit quarterly financial reports twenty
(20) calendar days after the end of each calendar quarter. Records
and financial accounts shall be retained and 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.
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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.
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
American with Disabilities Act of 1990 42 U.S.C. 12101 gt sea.,
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 gt sea. it will submit a certification to
Agency that a current program is on file.
11. Grantee shall ensure that fourteen thousand
six hundred twenty-five and no/100 dollars ($14.625,00)
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are available as matching funds to provide the services under this
contract. Grantee shall maintain records which clearly show the
source, amount and 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.
E. SUBCONTRACTS.
Grantee may provide some or all of the services
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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 Chapter
42D, Hawaii Revised Statutes, and the implementing rules of the
Department of Budget and Finance, State of Hawaii, insofar as
applicable, 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 TNDEPENDENT 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
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n _
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 income, social security, and other federal, state or
local taxes that it may be required to pay.
2. This section shall not be enforced if Grantee
is an agency of the State of Hawaii.
G. OMB PFNSATION.
1. Subject to continuing availability of funds,
Agency agrees to pay Grantee, for services satisfactorily performed
under this Contract, a sum not to exceed forty-three thousand,
eight hundred seventy fyeand no/100 dollars ($43,875.00)
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.
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2. It 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 contractor
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.
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
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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 require that an
equivalent amount of moneys be refunded to Agency notwithstanding
Agency's preliminary determination of appropriateness and
allowableness.
d. Failure to submit required reports by the
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 or activities 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 actions, claims, suits, damages, or costs 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,
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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.
K. COPYRTGHT 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
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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, 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,
shall be reduced to a written supplemental agreement 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 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
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a party's written request with the other party's written approval
thereon to this Contract.
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.
N. TERMINATION OF CONTRACT.
If, for any cause, Grantee fails to satisfactorily
fulfill in a timely or proper manner its obligations under this
Contract, 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. 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. 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
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a
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
Grantee of this Contract.
0. WAIVER.
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.
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
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a
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.
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.
IN WITNESS WHEREOF, the parties hereto have executed this
Contract.
DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII ("AGENCY")
By
Its Attorney General
HAWAII COUNTY POLICE DEPARTMENT _
COUNTY OF HAWAII _ ("GRANTEE")
APPROVAL RECOMMENDED: By
~4 &&O Its Mayor
Wayn G. Carvalho By
Chief of Police
Its Director of Finance
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation Counsel/
County Attorney
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y L
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
425 Queen Street
Honolulu, Hawaii 96813
APPLICATION FOR GRANT
PART I. TITLE PAGE
A. PROJECT TITLE: Statewide Narcotics Task Force
B. APPLICANT AGENCY: Hawaii County Police Department
C. ADDRESS 349 Kapiolani Street, Hilo, Hawaii 96720
D. LOCATION OF PROJECT: 349 Kapiolani Street, Hilo, Hawaii 96720
E. PROJECTPERIOD: From July 1, 1998 To June 30, 1999
F. AUTHORIZED PURPOSE AREA 2
G. TYPE OF AWARD: New Continuation X
H. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 75% $43,875.00
Attorney General Match 0
Agency Match 14,625.00
TOTAL 100% $58,500.00
1. PROJECT DIRECTOR
Name: Lt. Chadwick K. Fukui Title: Lieutenant
Address: 349 Kapiolani Street Telephone: 961-2253 FAX: 961-2372
Hilo, HI 96
J. FINANCIAL OFFICER
Name: Gary Maesato Title: Business Manager
Address: 349 Kapiolani Street Telephone: 961-2274 FAX: 961-2390
Hilo, HI 96720
FOR CPJAD USE
1f998 97-DB-21
Date received: ~ Project Number:
Exhibit A
AG/CPJAD /1 (011%)
a t
STATEWIDE NARCOTICS TASK FORCE - HAWAII COUNTY POLICE DEPARTMENT
PART II DESCRIPTION OF PROJECT
A. PROBLEM
There has been an increase in the use and demand of cocaine, crystal methamphetamine,
amphetamine, and heroin in the County of Hawaii, as well as throughout the State of Hawaii. As a
result, trafficking and importing activities of these illicit drugs have increased.
These types of drugs are not locally found or produced and instead are imported into the State via
air, postal, and marine transport. It is well documented that the majority of the importers/distributors
predominantly utilize commercial and private air transportation, as well as federal and private mail
services.
The sheer volume of arriving visitors to Hawaii lends itself to creating increased opportunities for
drug traffickers to utilize commercial airlines and the airports to further their drug smuggling
enterprises.
The "profiling" of drug smugglers is an important technique used by law enforcement to effect
interdiction efforts at the airports and courier services. The methods used to smuggle narcotics into,
out of, and within the State range from using hand-carried bags, luggage, packages, and personal
body carry to the use of hollowed out items wherein the drugs are concealed. These methods
continuously change, making law enforcement efforts more difficult. It is therefore necessary to train
personnel on a continuous basis, keeping up with the ever-changing trends. The profit to be made
in drug trafficking is potentially high; therefore, some of these groups have invested time, money, and
effort to set up importing and distribution networks that are very sophisticated and well organized.
These networks filter down to the low level "street" dealers, who often deal drugs to support their
own habits and who are highly visible to the general public and to the police. There are documented
accounts or incidents that have taken place whereby crimes of violence have occurred due to
"territorial rights" friction between different organizations.
The influx of certain Mexican nationals to Hawaii for the purpose of setting up an organization to
distribute "hard" drugs, primarily "black tar" heroin, has been documented. These individuals were
purported to be members of the "Mexican Mafia". This organization is well established and very
organized and has set up similar operations throughout the State. Although the organizations was
initially involved solely in "black tar" heroin importation/distribution, the organization has since
expanded into cocaine and low-grade methamphetamine.
Due to its potency and high-grade quality, "Hawaii-grown" marijuana continues to be in demand, not
only locally, but also in the national and international market. Air, postal, and marine transport are
also utilized to transport the marijuana interstate, nationally, and internationally.
The amount of cocaine, heroin, and methamphetamine is substantial. The County of Hawaii drug
interdiction statistics for the years 1994 to 1997 are as follows.
i !
1994 1995 996 1997
Arrests 738 817 651 827
Cases 694 498 559 1,030
Evidence:
Cocaine 6.8lbs 4.7lbs 2.9 lbs. 4.2lbs
Heroin 11.17 oz 55.7 oz 2.8 oz 9.4 oz
Crystal Meth 6.8 gm 4.2 oz 3.59 oz 2.3 Ibs
MJ (Processed) 10.6 lbs 52.9 lbs 16.2 lbs 33.6 Ibs
It is believed that more than 97% of the illicit drugs used in Hawaii are smuggled into the State. It
is also believed by all members of the Statewide Narcotics Task Force that interdiction efforts
directed at the State's various ports of entry are preferable to enforcement of street level distribution.
B. GOALS AND OBJECTIVES
The overall goals of the SNTF is to interdict drugs within the State of Hawaii through the
apprehension, arrest, and conviction of individuals smuggling narcotics into, within, and out of the
State of Hawaii.
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.
2. Provide standardized training in such topics as current airport investigative techniques,
smuggling trends, and state/federal laws that impact the task force.
3. Attend quarterly meetings to coordinate joint airport interdiction operations, as well as other
enforcement efforts, and to share information.
4. Identify significant individuals or organizations involved in smuggling activities.
5. Seize illicit drugs.
6. Make drug-related arrests.
7. Seize assets, as applicable.
C. ACTIVITIES
1. Investigative efforts will be directed towards the identification and arrest of drug distributors
and smugglers.
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2. The Hawaii County Police Department's Narcotic Detection Canine unit will continue to play
a vital role in the interdiction program. The unit will concentrate on interdiction operations
and investigative efforts at airports in East and West Hawaii (more often at the Keahole
International Airport, due to numerous mainland and international flights), as well as at
private and federal mail and courier services.
When requested, the canine unit is utilized to assist other state and federal law enforcement
agencies. An example of this is the occasional check of private aircrafts and cruise ships.
Personnel assigned to the canine unit and/or those assigned to assist them will attend various
workshops and seminars dealing with canine issues and investigative
3. In furtherance of the task force concept, the Hawaii County Police Department will continue
to participate and assist in interagency investigations and joint airport interdiction programs,
such as "Operation Big Eye".
4. Personnel will attend quarterly meetings in order to share current information and to
coordinate joint airport interdiction operations as well as other enforcement efforts.
5. Training of personnel is an essential component to the narcotics interdiction efforts. Training
will include attending conferences and informative workshops on topics that will be
instrumental in increasing the attendees' knowledge and work performance. Training will also
familiarize the narcotics officers with current and up-to-date trends of various narcotics
concerns and investigative techniques, as well as interdiction concerns.
D. PROJECT ORGANIZATION AND MANAGEMENT
The lieutenant of the Vice unit is the project director. The project director is responsible for the
overall management of the project. He reports to the captain of the Criminal Investigation Division.
The Criminal Investigation Division falls under the command of Assistant Chief Thomas Hickcox.
E. PERSONNEL
Existing personnel will be used by the Hawaii County Police Department; there will be no additional
hires for the project.
F. PARTICIPATING AGENCIES
1. The Honolulu Police Department, as the lead agency, will maintain an Airport Detail
for the SNTF and will provide other county police departments with technical
assistance, training, and manpower assistance on an "as needed" basis.
2. The Hawaii, Maui, and Kauai Police Departments will maintain personnel trained in
airport interdiction and provide manpower assistance to the other counties on an "as
needed" basis.
1 ~
G. PROJECT EVALUATION
I. Analysis
The project director and operations managers will record data and oversee efforts and
methods used to achieve the goals and objectives and arrive at conclusions as to the
success/failure and need for modifications. Any modifications and/or deviations in
operating procedures utilized towards the achievement of goals and objectives will be
recorded in order to form a basis for comparison. The standardization of training and
techniques utilized is imperative in terms of the task force operations for optimum
results.
The project director and operations managers will compare data from previous years.
This is the seventh year of operations, and baseline data is available for comparison.
2. Performance Indicators
a. The number of persons arrested for narcotics offenses involving smuggling of
narcotics and/or illicit drugs into and/or out of the county and state of Hawaii.
b. The number of persons arrested for other drug or drug-related violations.
C. The quantity of narcotics and/or illicit drugs seized.
d. The dollar value of narcotic and/or illicit drugs seized.
e. The number of community drug presentations given.
f. The type, amount, and value of assets seized.
g. The number of officers trained and types of training received.
h. The number of interagency and multi jurisdictional joint investigations
conducted.
i. The number of task force meetings attended.
H. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM
The infiltration by law enforcement into these areas will disrupt the flow of drugs. Broadening the
scope of the investigations into conspiracy and financial aspects, along with asset seizure, will serve
to deter those who seek to profit from drug smuggling, manufacture, and/or distribution. It is hoped
that the moral standards of the community can be altered to total non-acceptance of illicit drugs.
PART III. BUDGET DETAIL AND EXPLANATION
COST ELEMENT AMOUNT
A. SALARIES AND WAGES
Position Title Monthly Salary
Lieutenant $4,697.00
Detective 3,961.00
Police Officer III 3,221.00
Police Officer III 3,357.00
Police Reporter 2,725.00
25% Match $14,625.00 $14,625.00
Personnel Overtime: 16,800.00
Overtime, hazard, night differential pay
(excludes straight time); based on 70
hours per month @ $20/hr. X 12 months
Sub-Total . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,425.00
Employee Benefits @ % • • • • • • • • • • • • • $ 0
TOTAL SALARIES AND WAGES . . . . . . . . . . . . . . . . . $ 31,425.00
B. CONSULTANTS (Itemize)
TOTAL CONSULTANTS . . . . . . . . . . . . . . . . . $ 0
C. TRANSPORTATION AND SUBSISTENCE (Itemize)
Airfare: $3,120.00
$80 interisland x 2/month x 12 months
$600 out-of-state x 2/year
Per diem: 5,840.00
60 days interisland @ $80/day
8 days out-of-state @ $130/day
Ground Transportation: 1,000.00
10 rentals @ ave. 2/days per vehicle @ $50/day
TOTAL TRANSPORTATION AND SUBSISTENCE . . . . . . . . . $ 9,960.00
AG/CPJAD #2 05/96
e ,
PART III. BUDGET DETAIL AND EXPLANATION (Continued)
COST ELEMENT AMOUNT
D. SUPPLIES, POSTAGE, PRINTING, ETC. (Itemize)
Office Supplies & Equipment $865.00
Postage & Freight 50.00
TOTAL SUPPLIES, POSTAGE, PRINTING, ETC. . . . . . . . $ 915.00
E. OTHER COSTS (Specify)
Utilities: 2,400.00
Telephone & other utility costs (based on $200/month)
Confidential Funds: 10,000.00
Purchase of evidence & information
Undercover/Surveillance Apparel & Equipment 1,000.00
Equipment Maintenance 1,000.00
Contractual Services 500.00
Miscellaneous 1,000.00
Video and audio tapes, processing, etc.
Closing Audit 100.00
Training Fees 200.00
TOTAL OTHER COSTS . . . . . . . . . . . . . . . . . . $ 16.200.00
TOTAL PROJECT COSTS . . . . $ 58.500.00
AG/CPJAD #2 05/96
C ~
BUDGET EXPLANATION
A. SALARIES AND WAGES
25% Match: The salaries of the lieutenant, a detective, 2 police officer III, and a police
reporter will be used to meet the 25% match requirement. The salaries for one month
(approximately 8.33% of their annual salary) will go towards the match.
Overtime: To compensate officers and civilian staff for working overtime while conducting
SNTF investigations and other program requirements. Hazard duty pay is based on 25% of
the minimum rate of the salary range. Overtime is estimated at 70 hours per month at $20 per
hour for 12 months
C. TRANSPORTATION AND SUBSISTENCE
Personnel Travel: Travel allocation is for all travel to include airfare, per diem, and ground
transportation to attend SNTF meetings, intelligence meetings, and other training within and
out-of-state; for undercover officers to travel to and from other counties while conducting
official investigations; for confidential informants.
D. OFFICE SUPPLIES, POSTAGE PRINTING ETC.
Office Supplies and Equipment: Miscellaneous office supplies and equipment that are required
to complete the administrative and investigative requirements.
Postage/Freight: To pay for the shipment of evidence for advanced processing and for the
mailing of correspondence/equipment related to investigations.
E. OTHER COSTS
Utilities: Telephone,
Confidential Funds: To be used for the purchase of evidence, information, and/or services.
Undercover/Surveillance Apparel and Equipment: Apparel and equipment that may be needed
when performing surveillance work under adverse weather conditions or within a harsh
environment.
Equipment Maintenance: To cover the cost of maintaining the fax machines, copier machine,
computers, surveillance, and communication equipment and surveillance vehicles.
Contractual Services: To hie special duty or reserve officers on a part-time basis to assist in
investigations; to contract special services, i.e., tow services necessary during
seizure/forfeiture cases.
• 4
Miscellaneous: To include video and audio tapes, film, processing costs, batteries, etc.
Closing Audit: Project's share of audit.
Training Fees: To include registration fees for training and conferences.
6 ~
PART IV. ATTACHMENTS
z t D RTMENT OF THE ATTORNEY ( -RAL
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) 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 with
the foregoing provisions, the application obligations or for non-
availability of funds.
SUBMITTED BY:
Signature: 0 Date:
Name: WAYNE G. CARVALHO Title: POLICE-CHIEF
Agency: HAWAII COUNTY POLICE DEPARTMENT
AG/CPJAD ,#14 01/96
a
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, local 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 BY: ~
Signature:( 4b Date: fA_
Name: WAYNE G. CARVALHO Title: POLICE CHIEF
Agency: HAWAII COUNTY POLICE DEPARTMENT
AG/CPJAD ,#3 01/96
a r
CERTIFICATION OF NON-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 disability
discrimination, 28 CFR Part 35 and Part 39. No person shall, on the 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 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 (EEOP) in accordance with 28 CFR 42.301, et.
sea., 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: Date: 7 l
Name: WAYNE G. CARVALHO Title: POLICE CHIEF
Agency: HAWAII COUNTY POLICE DEPARTMENT
AG/CPJAD #15 01/96
CERTIFICATION
Grant Title: Statewide Narcotics Task Force
Grantee Name: Hawaii County Police Department
Address: 349 Kapiolani Street Contact Person: Chadwick K. FukuijeL A (808)961-2253
Hilo, Hawaii 96720 Lieutenant
Grant Number: 97-DB-21 Award Amount: $43,875.00
Date and effective duration of ESOP: February 23, 1993 (no expiration date)
Policy Statement: It is the policy of the County of Hawaii to take positive and continuing
action to promote equal opportunity in its employment and contract programs and in its
activities and services. Equal employment opportunities exte^.d to all persons regardless
of race, sex, age, religion, color, national origin, handicap, marital status, or arrest
and court record. CERTIFICATION (ESOP ON FILE)
Certification Statement:
I, WAYNE G. CARVALHO [agency executive officer], certify that the
HAWAII COUNTY POLICE DEPARTMENT [agency] has
formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, 21 gm.,
subpart E, that it has been signed into effect by the proper agency authority and disseminated to
all employees, and that it is on file in the Office of WAYNE G. CARVALHO [name],
349 Kapiolani Street, Hilo, Hawaii 96720
[address],
POLICE CHIEF [title], for review or audit by officials of the cognizant
State planning agency or the Office for Civil Rights, Office of Justice Programs as required by
relevant laws and regulations.
6. (A" POLICE CHIEF 900
[signature] WWAYNE G. CARVALHO [title] [date]
as aaaa as aaaasava as aasavvvavva aasva asavaaavva avaaa aavvsaaaaaa aaaa
CERTIFICATION (NO EEOP REQUIRED)
I HEREBY CERTIFY THAT THE FUNDED AGENCY HAS LESS THAN 50 EMPLOYEES
AND THEREFORE IS NOT REQUIRED TO MAINTAIN AN ESOP, PURSUANT TO 28 CFR
42.301, ET SE O.
[signature] [title] [date]
Expiration Date: 12/31198
Revised 2/22196
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
I HAWAII COUNTY 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 workplace 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 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 occurring 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;
AG/CPJAD #16 01/96
S
(f) taking one of the following actions with respect to any employee
who is so convicted:
(1) taking appropriate personnel action against such an employee,
up to and including termination; or
(2) 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 a drug-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 County
SUBMITTED BY:
Signature: "14 6. OW" Date:
~
Name: WAYNE G. CARVALHO Title: POLICE CHIEF
Agency: HAWAII COUNTY POLICE DEPARTMENT
AG/CPJAD #16 01/96
DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub-Recipient)
This certification is required by the regulations Implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Part 87, Section 87.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26, 1988 Federal Register (pages 1918019211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation In this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements In this certifi-
cation, such prospective participant shall attach an explanation to this proposal.
WAYNE G. CARVALHO, POLICE CHIEF
Name and Title of Authorized Representative
SignatureV Date
HAWAII COUNTY POLICE DEPARTMENT
Name of Organization
349 Kapiolani Street, Hilo, Hawaii 96720
Address of Organization
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant Is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered Into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, In addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide Immediate written notice to the person to which
this proposal is submitted If at any time the prospective lower tier participant teams that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "Ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used In this clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered Into, it shall not knowingly enter Into any lower tier covered transaction
with a person who Is debarred, suspended, declared Ineligible, or voluntarily excluded from participation
In this covered transaction, unless authorized by the department or agency with which this transaction
originated.
6. The prospective lower tier participant further agrees by submitting this proposal that It will Include
the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transactions," without modification, In all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant In a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous.-A participant may decide the
method and frequency by which it determines the eligibility of Its principals. Each participant may check
the Nonprocurement List.
8. Nothing contained In the foregoing shall be construed to require establishment of a system of
records In order to render in good faith the certification required by this clause. The knowledge and
Information of a participant Is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these Instructions, If a participant In a
covered transaction knowingly enters Into a lower tier covered transaction with a person who Is
suspended, debarred, Ineligible, or voluntary excluded from participation In this transaction, in addition
to other remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CONFIDENTIAL FUNDS CERTIFICATION
I 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:
6, Date:
Signature:
Name: WAYNE G. CARVALHO Title: POLICE CHIEF
Agency: HAWAII COUNTY POLICE DEPARTMENT
AG/CPJAD #18 01/96