HomeMy WebLinkAboutRES 185 Draft 01 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 185 11
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER
INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT
OF THE ATTORNEY GENERAL PURSUANT TO HRS 46 -7, FOR A
WORKING TOWARDS CRIME LAB ACCREDITATION GRANT FOR THE
HAWAII COUNTY POLICE DEPARTMENT
WHEREAS, the State of Hawaii Department of the Attorney General has
authorized federally derived funding towards the Hawaii County Police Department's
Working Towards Crime Lab Accreditation program; and
WHEREAS, the funds from this grant will be used for training, equipment, and
services to increase the overall efficiency and safety of forensic services; and
WHEREAS, Hawaii Revised Statutes, Section 46 -7, requires that county
departments obtain the consent of the council to enter into agreements with the federal
or state governments respecting action to be taken pursuant to any of the powers
granted by law to furnish, expend, and receive any funds or other assistance in
connection with projects being or to be undertaken pursuant to those powers; now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in
accordance with section 46 -7, Hawaii Revised Statutes, that the Mayor of the County of
Hawaii is authorized to execute, on behalf of the County, an agreement attached hereto
and incorporated herein by reference as Exhibit "A ", and related documents with the
State of Hawaii Department of the Attorney General, to enable the County to execute
the Working Towards Crime Lab Accreditation program.
BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii
shall transmit copies of this resolution to the Office of the Mayor, and to the Finance and
Police Departments.
Dated at Kona , Hawai`i, this 16th day of November , 2011.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawai`i
Hilo, Hawai`i
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on November 16, 2011
ATTEST:
C2(1:OUNTY CLERK
•
CHAIRPERSON & PRESIDINt OFFICER
ROLL CALL VOTE
Reference:
C- 440/FC -155
RESOLUTION NO.
AYES
NOES
ABS
EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
8
0
1
0
Reference:
C- 440/FC -155
RESOLUTION NO.
Exhibit "A"
Project Number 11 -CD -01
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of October 1, 2011, by and
between the Department of the Attorney General, State of Hawaii,
hereinafter called "Agency ", by and through the Attorney General,
and Hawaii Police Department, hereinafter called "Grantee ".
WITNESSETH
WHEREAS, Public Law 106 -561, the Paul Coverdell National
Forensic Sciences Improvement Act, as amended, authorizes funding
to improve the quality, timeliness, and credibility of forensic
science services for criminal justice purposes;
WHEREAS, award amounts are pre- determined according to
the allocation criteria set forth in 42 U.S.C. §37971, section 2803
(a) ;
WHEREAS, the Department of the Attorney General, as the
designated State Administrating Agency, applied for and was
awarded funds under the Act;
1 (7/2010)
WHEREAS, Grantee is qualified to receive funds available
to Hawaii under the Act and its respective implementing
regulations, contained in the Paul Coverdell Forensic Science
Improvement grant announcement, and 28 C.F.R. Chapter 1, Part 66,
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 respective 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.
2 (7/2010)
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 October 1, 2011 to and including September 30, 2012 unless
this Contract is sooner terminated as hereinafter provided or
unless this Contract is extended in accordance with Section L. of
this Contract.
C. PERFORMANCE REQUIREMENTS AND CONDITIONS.
1. Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
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}
guidelines, including but not limited to guidance issued by the
Bureau of Justice Assistance, 28 C.F.R. Chapter 1, Part 66,
Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, and Office of
Management and Budget circulars and the effective edition of the
Office of Justice Programs' financial manual entitled "Financial
Guide."
2. 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.
3. Grantee shall provide for an independent audit
of its activities on a periodic basis in accordance with Office of
Management and Budget Circular A -133.
4. Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification Regarding Drug -Free Workplace Requirements
which meets the requirements of the Drug Free Workplace Act of
1988 (P.L. 100 -690, Title V, Subtitle D, U.S.C., Title 41,
Chapter 10, §702), 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
4 (7/2010)
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.
5. 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 at the time this Contract is
executed and will remain true throughout the entire term of the
5 (7/2010)
Contract and any extensions, and that Grantee shall fulfill any
and all terms and conditions set forth therein.
6. Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification of Non - Supplanting, hereinafter referred to
as the "Non- Supplanting Certification ". A copy of the Non -
Supplanting Certification shall be included in Part IV of the
Application for Grant. Grantee covenants that the representations
made in the Non - Supplanting 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.
7. 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 (7/2010)
8. Grantee shall comply with the non - discrimination
requirements of the Omnibus Crime Control and Safe Streets Act of
1968 which prohibits discrimination in employment and in the
delivery of services or benefits on the basis of race, color,
national origin, religion, or sex; Title VI of the Civil Rights
Act of 1964 which prohibits discrimination in the delivery of
services or benefits on the basis of race, color, or national
origin; Section 504 of the Rehabilitation Act of 1973 and Title II
of the Americans with Disabilities Act of 1990 which prohibit
discrimination in employment and in the delivery of services or
benefits based on disability; Title IX of the Education Amendments
of 1972 which prohibits discrimination on the basis of sex in
training or educational programs; the Age Discrimination Act of
1975 which prohibits discrimination in the delivery of services or
benefits on the basis of age; Department of Justice regulations on
disability (nondiscrimination on the basis of disability in the
state and local government services, public accommodations and
commercial facilities, and accessibility standards), 28 C.F.R.
Part 35; Exec. Order No. 13279, 28 C.F.R. Part 38 (equal
protection of the laws for faith -based and community
organizations); Exec. Order No. 13166 and U.S. Department of
Justice, Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons; the
7 (7/2010)
Hawaii State Fair Employment Practices Act, Chapter 378, Hawaii
Revised Statutes; and all other applicable federal and state laws,
rules and regulations.
9. 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.
10. Grantee shall maintain accounting procedures
and practices acceptable to Agency, and books, records, documents
and other evidence which sufficiently, accurately and properly
reflect all direct and indirect expenditures and 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. Grantee shall submit
quarterly financial reports fifteen (15) calendar days after the
end of each calendar quarter. Grantee shall submit monthly
request for funds and cash balance reports fifteen (15) calendar
days after the end of each month. The final fiscal reports must be
received by Agency within sixty (60) days after the date this
Contract terminates or unless mandated earlier by Agency. Records
8 (7/2010)
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.
11. The final drawdown for funds shall be received
by Agency no later than thirty (30) days after the Contract
terminates.
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 sixty
(60) days after this Contract terminates shall be returned to
Agency.
13. Grantee shall submit progress reports as
required for the Act funds to Agency during the term of the
Contract as stipulated under Part IV. Attachments, Acceptance of
Special Conditions, Sections 5.
14. 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. Grantee shall submit a
certification to Agency within thirty (30) days after the date
this Contract terminates. If a certification is not provided by
9 (7/2010)
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.
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
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 the term of this Contract, and funds to the private
organization will not be released unless and until the
10 (7/2010)
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
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
11 (7/2010)
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.
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 Thirteen
Thousand, Three - Hundred and 00 /100 dollars ($13,300.00) - - -- 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
12 (7/2010)
operating expenses which it incurs or may incur in connection with
this Contract.
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
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.
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
13 (7/2010)
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 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
14 (7/2010)
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 therefor, arising out of or resulting
from the acts or omissions of Grantee, its officers, employees,
agents, or subcontractors occurring during or in connection with
the performance of Grantee's services under this Contract, or
arising out of or resulting from breach of this Contract by
Grantee. Grantee shall defend the State of Hawaii, Agency, and
their officers, agents, and employees against any such action or
claim unless the action or claim involves an act or omission
solely of Agency, its officers, agents, or employees.
2. This section shall not be enforced if Grantee
is an agency of the State of Hawaii.
J. CONFIDENTIAL MATERIAL.
Any information, data, report, record, summary,
table, map, or study given to or prepared or assembled by Grantee
under this Contract which is identified as proprietary or
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
15 (7/2010)
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. Grantee shall
comply with the requirements of Chapters 487J, 487N and 487R,
Hawaii Revised Statutes as applicable.
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.
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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 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.
17
(7/2010)
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.
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.
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2. Furthermore,
Agency may terminate this
Contract without statement of cause at any time by giving written
notice to Grantee of such termination at least thirty (30)
calendar days before the effective date of such termination.
3. In the event of termination of either type, all
finished or unfinished documents, reports, summaries, lists,
charts, graphs, maps, or other written material prepared by
Grantee, under this Contract shall 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.
0. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this Contract
19 (7/2010)
shall not constitute or be deemed to constitute a 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 Contract or for breach of this
20 (7/2010)
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
21 (7/2010)
hereto and thereby incorporated herein.
IN WITNESS WHEREOF, the parties hereto have executed this
Contract.
APPROVED AS TO FORM
Deputy Attorney General
State of Hawaii
DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII, ( "AGENCY ")
By
Name David M. Louie
Its Attorney General
Date
APPROVED AS TO FORM HAWAII POLICE DEPARTMENT
AND LEGALITY: ( "GRANTEE ")
Name By
Title Corporation Counsel Name
Date Title Mayor
Date
APPROVAL RECOMM NDED:
IVA
B
Nam
Title C
Date
ice
SEP 3 0 2011
By
Name
Title Director of Finance
Date
22 (7/2010)
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: Working Towards Crime Lab Accreditation to Ensure Quality Forensic Services
B. APPLICANT AGENCY: Hawaii Police Department
C. ADDRESS: 349 Kapiolani Street, Hilo HI 96720
D. LOCATION OF PROJECT: 349 Kapiolani Street, Hilo HI 96720
E. PROJECT PERIOD: From October 1, 2011 To September 30, 2012
F. AUTHORIZING GRANT: FY 2011 Paul Coverdell Forensic Sciences Improvement Act
G. TYPE OF AWARD: New ® Continuation ❑
H. TOTAL PROJECT COSTS:
SOURCE OF FUNDS
PERCENT
AMOUNT
Federal Funds
100%
$13,300.00
Agency Match
$0.00
TOTAL
100%
$13,300.00
I. PROJECT DIRECTOR
Name: Kathy Pung Title: Lab Supervisor/ Criminalist III E -Mail: kpung @co.hawaii.hi.us
Address: 349 Kapiolani Street, Hilo HI 96720 Telephone: 808 -961 -8814 FAX: 808 -961 -8886
J. FINANCIAL OFFICER
Name: Nori Ishii
Title: Accountant V Email: nishii @co.hawaii.hi.us
Address: 349 Kapiolani Street, Hilo HI 96720 Telephone: 808 - 961 -2273 FAX: 808 - 961 -2390
FOR CPJAD USE
Date
received:
Project Number:
11- C-D- of
Exhibit A
PART II. PROGRAM DESCRIPTION
A. PROGRAM NARRATIVE
A major priority of the Hawai'i Police Department (HPD) Crime Lab is to obtain
American Society of Crime Lab Directors - Laboratory Accreditation Board (ASCLD -LAB)
laboratory accreditation. Work towards accreditation has been initiated, and is ongoing between
the everyday responsibilities that include; casework, maintenance, paperwork, and court
appearances. Changes to operations have been implemented to increase efficiency and quality of
the forensic services provided, increase productivity for an anticipated increase in casework, and
free up time for lab accreditation work. Another HPD Crime Lab priority is to maintain and
improve upon quality forensic services while maintaining a zero backlog. HPD Crime Lab will
not be able to report performance outcome measures in the reduction of backlogged cases, in our
case, the significant performance outcome measures would be the increase in quality of forensic
work (improved technology /security /safety), amount of time made available for lab accreditation
work (progress toward accreditation), and the increase in completed casework.
Funding is needed for Crime Lab Accreditation training, equipment, and services to
increase the overall efficiency and safety of forensic services. Crime Lab accreditation requires a
large amount of dedication, work, time, and money. HPD Crime Lab personnel have
demonstrated the dedication, invested the time, and are working in efforts toward lab
accreditation. Personal time, communications, and funds have been invested, and work on
drafting updated procedures and documentation has been initiated. Training is needed for
personnel to attend Crime Lab Accreditation workshops and courses. The standards and
recommendations underlying laboratory accreditation are dynamic, and there are continuous
updates that address advances in science, technology, and quality assurance. Training workshops
1
provided at the Annual ASCLD Symposium include: ISO 17025, ASCLD /LAB - International
Conformance File Workshop, Management Review, Preventive and Corrective Action, and
others, are up to date and specific to crime lab accreditation concerns. The External Auditor
workshops train personnel in the process and requirements of crime lab accreditation, and crime
lab self assessment. Participation in these accreditation training sessions will greatly increase the
efficiency of work towards accreditation by streamlining the search for relevant updated
accreditation information, and building a network of contacts /resources that are specific to our
lab services needs.
Equipment and services are needed to further increase forensic science service
efficiency and safety. A large geographical area and limited personnel requires HPD Crime Lab
to work efficiently within its means for timely quality forensic services results. Every effort is
made to decrease crime scene processing time, not only because of evidentiary value and labor
costs, but also because of the amount of time which is required to reach crime scenes. Drive time
alone, about 115 miles one way, between the east and west side of the Big Island is
approximately 2 Y2 hours- not including time delays due to road work, traffic accidents, or school
bus and military convoys. The distance also impacts other forensic services turnaround time,
such as drug analysis, latent print development, and firearms casework, due to required
transportation of evidence to the Crime Lab for processing. In addition to the large geographical
area and limited personnel, Hawai'i County has had the greatest proportion of population growth
in the state for the past 20 to 30 years, with documented statistics predicting Hawai'i County's
population will continue to increase at a pace above the state's average. The growing population
is increasing the number of requests for forensic services.
2
HPD Crime Lab is requesting funds to purchase three items of upgraded equipment, and
licensed chemical disposal services. Equipment includes: Kevlar fiber fill for the firearms test
firing box, handheld laser measurer, and upgraded computer with software. The current firearms
wooden firing box contains cotton fill that is over 30 years old. The accumulated fragmentation
of the cotton fibers has created a smoldering fire hazard that has on a few occasions generated
small fires upon larger caliber firearms test firing. The Crime Lab had dealt with this problem by
setting up test firing procedures that included the presence of a spray bottle filled with water,
used to douse any smolder or flames, and by performing a more time consuming but safe, primer
test firing for larger caliber firearms. The Department of Alcohol, Tobacco, and Firearms (ATF)
is requesting HPD and the Crime Lab conduct more test firing of firearms and ammunition for
entering into their IBIS/NIBIN program. Currently, the most cost effective solution to increase
test firing efficiency is to replace the compromised cotton fill with Kevlar fiber fill that is
designed for firearms test firing, which will increase firearms test firing productivity and safety.
The performance outcome measure would be the increase in safety, and the number of test firing
casework conducted into the Kevlar filled firing box. Another option available to increase
firearms test firing productivity is the acquisition of the Honolulu Police Department Scientific
Investigations Section (HPD -SIS) firearms test firing water tank, which is scheduled to be
replaced with appropriated grant funds. HPD -SIS has offered this test firing water tank to HPD
Crime Lab, but this may not be the most efficient or cost effective way to increase productivity
because of the following: 1) the tank leaks (main reason for HPD -SIS replacement, we might not
be able to repair it, or the leak problem progresses), 2) the cost to transport the tank from
Honolulu to Hilo, 3) HPD Crime Lab currently does not have room available with drainage to
maintain and secure the tank, and 4) HPD's receipt of the tank is dependent on HPD -SIS
3
completing the process of researching, specifying, purchasing, and implementing the
replacement firing water tank.
The Evidence Specialists have one handheld laser measurer. This tool greatly decreases
the time spent in taking measurements at crime scenes using the traditional tape measure, and
enables measurements in difficult to access spaces. HPD would like to purchase another
handheld laser measurer to further decrease the crime scene processing time when both Evidence
Specialists are needed to process a single large complex scene, or simultaneous separate
casework. Because every crime scene is unique and multiple factors affect the amount of time
necessary to measure and diagram crime scenes, the performance outcome measure would be
recorded as the number of crimes scenes processed using both laser measurers, and amount of
times both laser measurers were used simultaneously in separate casework.
Current digital latent fingerprint photography and scanning is accomplished on an older
model Mideo standard imaging computer system that was acquired in 2004, with its software and
Adobe CS2. Processing digital images with the system is excruciatingly slow, and is a bottleneck
in operations. Upgrading to a more powerful computer with corresponding operating system will
also require updated software. Acquiring this equipment will increase efficiency, while
increasing the quality of the Crime Lab's latent fingerprint recovery and documentation
capabilities. Performance outcome measures would be reported in the difference in computer
processing speeds, software capability, and Crime Lab personnel /customer surveys.
While reviewing the current Crime Lab status and processes, a chemical disposal list was
generated to address laboratory safety. It was determined that HPD Crime Lab will need to
contract with a licensed hazardous waste disposal company to properly dispose of hazardous
chemicals that have accumulated over the last 30+ years. HPD Crime Lab has contacted local
4
laboratories to reduce the stock of unnecessary chemicals (a small amount of chemicals were
accepted by another local lab), and researched /implemented proper disposal procedures for the
nonhazardous chemicals. Some lab waste has been disposed of properly through county funded
Hazardous Waste programs, which included; broken and unused mercury thermometers,
accumulated pump oil, and petroleum products. It has been noted that employee motivation and
productivity increases when employers invest in maintaining a safe working environment. State
and county budget cuts in all departments require the limited available funds be allocated to
maintain daily operations. Grant funds are requested to properly dispose of the accumulated
hazardous chemicals and ensure a safe working environment for lab personnel. The reported
performance outcome will be the date, name of contractor, and list of disposed chemicals.
B. EXTERNAL INVESTIGATIONS
The Hawai'i Police Department Crime Lab is a unit of a local law enforcement agency,
the Hawaii Police Department (HPD). HPD has an Internal Affairs division (IA) that reports
directly to the Police Chief. The Police Chief reports directly to the Hawai'i County Mayor. The
IA division has the authority to conduct independent investigations into allegations of serious
negligence or misconduct by HPD Crime Lab employees and contractors, completely free from
influence or supervision by laboratory management officials.
C. ACCEPTED LABORATORY PRACTICES AND PROCEDURES
The HPD Crime Lab uses generally accepted laboratory practices and procedures,
established by accrediting organizations or appropriate certifying bodies. HPD Crime Lab is
requesting Coverdell grant funds for personnel to attend training in ASCLD -LAB accreditation.
D. PROJECT ORGANIZATION AND MANAGEMENT
5
The Project Director will be Kathy A. Pung, Lab Supervisor /Criminalist III. The
Financial Officer will be Nori A. Ishii, Accountant IV.
E. PERSONNEL
No new personnel will be hired. No overtime will be incurred.
F. BRIEF PERSONNEL BIOGRAPHIES
Brief biographies are provided for the personnel intending to attend the laboratory
accreditation training workshops /sessions.
• Brian N. Koge — Criminalist II /Laboratory Quality Manager
Criminalist B. Koge has a B.S. degree in Medical Technology from the University of Hawai'i at
Manoa. He was employed by HPD from 1990 to 1999 as a Criminalist I, conducting mostly drug
analysis. Criminalist Koge, was rehired as a Criminalist II in 2008, and American Board of
Criminalistics (ABC) recertified in 2010 as a Drug Analyst.
• Kathy A. Pung — Criminalist III /Laboratory Supervisor
Criminalist K. Pung has a B.A. degree in Chemistry from the University of Hawai'i at Hilo. She
was employed by HPD in 2000 as a Criminalist I, conducting mostly drug analysis, and
promoted to Laboratory Supervisor /Criminalist III in 2007. Criminalist Pung was American
Board of Criminalistics (ABC) certified in 2008 as a Drug Analyst.
G. DESCRIPTION OF APPLICANT'S PLAN FOR THE COLLECTION OF THE
DATA REQUIRED FOR PERFORMANCE MEASURES:
The Project Director will be responsible for collecting and maintaining all stipulated
project performance indicators /outcome measures (including Coverdell grant specific
6
performance measures and data). Project specific measures determine whether project goals and
objectives have been met.
These include the following:
• Specific data documenting that progress has been made toward achieving American
Society of Crime Lab Directors - Laboratory Accreditation Board (ASCLD -LAB)
laboratory accreditation;
• Purchase and installation of all instruments, computers, and software;
• Number of forensic science personnel attending training programs;
• Specific data how training is applied towards the maintenance of personnel forensic
certification;
• Number of Crime Lab personnel completing ASCLD -LAB accreditation training;
• Progress toward accreditation (documents /templates /procedures) drafted/completed;
• Completed customer surveys of services provided (HPD personnel, Prosecutors);
• Number of test firing casework conducted into the Kevlar filled firing box;
• Crime Lab personnel surveys of observed improvements of Kevlar over cotton fill;
• Number of crime scenes processed using both laser measurers at the same location;
• Number of separate incident reports requiring crime scene processing, in which the
handheld laser measurers were used in different locations, at the same time;
• Comparison of computer processing speeds;
• Completed Crime Lab personnel and customer surveys on the quality of digital images
produced using the new equipment;
• List of chemicals disposed;
• Name of contracted licensed hazardous chemical disposal service;
7
• Date of chemical disposal.
Stipulated Coverdell Grant Performance Measures
Specific Coverdell performance measures include the following outcome measures:
1. Percent reduction in the average number of days from the submission of a
sample to a forensic science laboratory to the delivery of test results to a
requesting office or agency; and
2. Percent of reduction in the number of backlogged forensic cases.
The specific output measure includes the following:
1. The number of forensic science or medical examiner personnel who completed
appropriate training or educational opportunities with Coverdell funds.
Data the grantee must provide includes the following:
1. Average number of days to process a sample at the beginning of the grant period;
2. Average number of days to process a sample at the end of the grant period;
3. Number of backlogged cases at the beginning of the grant period;
4. Number of backlogged cases at the end of the grant period; and
5. Number of forensic science personnel attending training;
Plan for Data Collection of Performance Measures
For all activities funded by this grant project, the Project Director will document and
maintain a file. Semiannual progress reports and a final report will be completed and submitted
by the Project Director, along with any other applicable reports and materials. Quarterly financial
status reports will be completed and submitted by the Financial Officer.
8
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL WORKSHEET
Hawaii Police Department
COST ELEMENT AMOUNT
A. PERSONNEL $ 0
B. FRINGE BENEFITS $ 0
C. TRAVEL: TRANSPORTATION AND SUBSISTENCE
Purpose of Travel
Location
Item
Computation
Cost
Two (2) staff to attend
mainland training
TBD
Air Fare
$1000 /round trip ticket x 2
travelers
$2,000
Per diem
$231.60 /day x 6 days x 2
travelers
$2,780
Baggage
$50 /bag x 1 bag x 2
travelers
$100
Airport/hotel
transportation
$30 /trip x 2 trips x 2
travelers
$120
Total Cost: $5,000
TOTAL TRAVEL COST .$ 5,000
D. EQUIPMENT
Kevlar fibers for gun box and shipping $ 1,000
Photolab computer upgrade $ 1,200
Adobe Photoshop upgrade CS2 to CS4 .$ 200
Handheld laser measurer $ 100
TOTAL EQUIPMENT COST $ 2,500
E. SUPPLIES ,$ 0
F. CONSTRUCTION $ 0
G. CONSULTANTS /CONTRACTS $ 4,600
1
Contract for proper disposal of accumulated hazardous chemicals
TOTAL CONTRACT COSTS $ 4,600
H. OTHER COSTS
Accreditation Workshop /External Auditor Training Tuition (2)$ 1,200
TOTAL OTHER COSTS $ 1, 200
I. INDIRECT COSTS $ 0
TOTAL PROJECT COST ..$ 13,300
2
.4
FY 2011 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS
PROGRAM
BUDGET NARRATIVE
A. Personnel
N/A
B. Fringe Benefits
N/A
C. Travel: Transportation and Subsistence
The travel costs are based on two Crime Lab personnel attending one out -of -state Lab
Accreditation workshops /training between October 1, 2011, to September 30, 2012.
airfare: $1,000 /round trip ticket x 2 travelers = $2,000
per diem: $231.60 /person x 2 travelers x 6 days = $2,780
airline baggage fees: $50 /bag x 1 bag x 2 travelers = $100
airport/hotel transportation: $30 /trip x 2 trips x 2 travelers = $120
Cost: $5,000
D. Equipment
161bs Kevlar fill
Kevlar fiber fill for gun box to replace (worn 30+ years) cotton fill. The cotton has become
a fire hazard, and has on occasion produced flames upon larger caliber firearms test firing.
Cost of fill and shipping = $1,000
Latent fingerprint digital imaging computer upgrade
The current computer was purchased in 2004, with a processing speed that has become a
bottleneck in latent print documentation procedures. Upgrading one computer will greatly
increase the timeliness of this forensic service.
Cost = $1,200
Adobe Creative Suite (CS)
An upgrade CS2 to CS4, upgrade in software is necessary to be compatible with upgrade in
computer. hardware.
Cost = $200
Handheld Laser Measurer
One handheld laser measurer for crime scene diagrams /documentation. This will increase the
timeliness of crime scene processing.
Cost = $100
E. Supplies
3
N/A
F. Construction
N/A
G. Consultants /Contracts
The hazardous chemical disposal cost estimate was provided by a licensed hazardous materials
waste management company that has reviewed the Crime Lab list of chemicals for disposal.
Updated quotes will be requested from eligible contractors. The service contract will be awarded
to the lowest bidder.
Cost = $4,600
H. Other Costs
The costs entered under this category are approximate totals for the registration, tuition, and
or workshop fees associated with lab accreditation training.
Cost = $1,200
I. Indirect Costs
N/A
PROJECT TOTAL: $13,300
4
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 the Paul Coverdell Forensic Sciences
Improvement Grants ( "Coverdell grants ") under part BB of Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. Sec. 3797).
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: -yt���� +A:
Name: Harry -1'o illa
Agency: Hawaii Police Depaitment
Date: SEP 3 0 2011
Title: Chief of Police
AG /CPJAD #14 Coverdell 07/10
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS
PROGRAM SPECIAL CONDITIONS
The undersigned Grantee understands and agrees, on behalf of its agency that:
1. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
Grantee shall promptly refer to the U.S. Department of Justice (DOJ), Office of the
Inspector General (OIG) any credible evidence that a principal, employee, agent,
contractor, subgrantee, subcontractor, or other person has either 1) submitted a false
claim for funds under the False Claims Act; or 2) committed a criminal or civil violation
of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct
involving funds. Potential fraud, waste, abuse, or misconduct should be reported to the
OIG by:
Mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
E -mail: oig.hotline @usdoj.gov
Hotline: (contact information in English and Spanish): (800) 869 -4499, or
Hotline fax: (202) 616 -9881.
Additional information is available from the DOJ OIG website at www.usdoj.gov /oig.
2. General Accepted Laboratory Practices
The Grantee shall ensure that any forensic laboratory, forensic laboratory system,
medical examiner's office, or coroner's office that will receive any portion of the award
uses generally accepted laboratory practices and procedures as established by accrediting
organizations or appropriate certifying bodies.
3. External Investigations
The Grantee shall ensure that the requirements of 42 U.S.C. section 3797k(4) (which
relate to independent external investigations into allegations of serious negligence or
misconduct by employees or contractors) are satisfied with respect to any forensic
AG /CPJAD #26 Coverdell 07/2010 1
laboratory system, medical examiner's office, coroner's office, law enforcement storage
facility, or medical facility in the State that will receive a portion of the grant amount.
The Grantee acknowledges, that, as stated in the solicitation for the FY 2009 Paul
Coverdell Forensic Science Improvement Grants Program, the National Institute of (NIJ)
assumes that Grantee (and sub - grantees) of Coverdell funds will make use of the process
referenced in their certification as to external investigations and will refer allegations of
serious negligence or misconduct substantially affecting the integrity of forensic results
to government entities with an appropriate process in place to conduct independent
external investigations, such as the government entity (or entities) identified in the grant
application.
4. Use of Fund
No Research. Funds provided under this award shall be used only for the purposes and
types of expenses set forth in the fiscal year 2009 announcement. Funds shall not be used
for general law enforcement functions or non - forensic investigatory functions, and shall
not be used for research or statistical projects or activities. Use of award funds for
construction of new facilities is restricted by statute. Any questions concerning this
provision should be directed to the CPJAD Criminal Justice Planning Specialist prior to
incurring the expense or commencing the activity in question.
The Grantee understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any laws,
regulation or policy, at any level of government, without the express prior written
approval of CPJAD.
5. Reporting Requirements and Performance Metrics
The Grantee shall comply with all reporting, data collection and evaluation requirements,
as prescribed by law and entailed by the NIJ in program guidance for the Coverdell
program. The Grantee shall also complete and submit both semi - annual progress reports
and final reports.
Semi - Annual Progress Reports
Grantees must utilize and complete the Progress Report Format Form, AG /CPJAD #20
(Coverdell), every six months following the calendar year. The progress reports are to
cover activities that the Grantee has completed and must include data on the following
Coverdell identified performance measures, as applicable:
Goal /Objective
Performance Measures
Data Grantee Provides
To improve the quality and
timeliness of forensic
services and to reduce the
number of backlogged cases
Outcome Measure
1. Percent reduction in the average
number of days from submission
of a sample to a forensic science
Average number of days to process a
sample at the beginning of the grant
period.
AG /CPJAD #26 Coverdell 07/2010
2
Goal/Objective
Performance Measures
Data Grantee Provides
in forensic laboratories.
laboratory to the delivery of test
Average number of days to process a
results to a requesting agency.
sample at the end of the grant period.
2. Percent reduction in the number
Number of backlogged cases at the
of backlogged forensic cases.
beginning of the grant period.
Output Measure
Number of backlogged cases at the
The number of forensic science or
medical examiner personnel who
end of the grant period.
completed appropriate training or
Number of forensic science
educational opportunities with
personnel attending training.
Coverdell funds (if applicable to the
grant)
Number of medical examiner
personnel attending training
programs.
The semi - annual reporting periods and due dates are:
January 1 through June 30
July 1 through December 31
Final Report
Due: July 15
Due: January 15
The Grantee agrees to submit a final report, at the end of this award, documenting all
relevant project activities during the entire period of support under this award. This report
will include the following: (1) a summary and assessment of the program carried out with
the grant, which shall include a comparison of pre -grant and post -grant forensic science
capabilities (and shall cite the specific improvements in quality and /or timeliness of
forensic science or medical examiner services); (2) the average number of days between
submission of a sample to a forensic science laboratory or forensic science laboratory
system in that State operated by the State or by a unit of local government and the
delivery of test results to the requesting office or agency; and (3) an identification of the
number and type of cases currently accepted by the forensic science laboratory or
forensic science laboratory system. The Grantee is required to collect data necessary for
this report. This report is due no later than 30 days following the close of the award
period or the expiration of any extension periods.
The Grantee shall submit the following information as part of its final report: (1) the
number and nature of any allegations of serious negligence or misconduct substantially
affecting the integrity of forensic results received during the 12 -month period of the
award; (2) information on the referrals of such allegations (e.g., the government entity or
entities to which referred, the date of referral); (3) the outcome of such referrals (if
known as of the date of the report); and (4) if any such allegations were not referred, the
reason(s) for the non - referral.
AG /CPJAD #26 Coverdell 07/2010 3
Should the project period for this award be extended, the recipient shall submit the above
information as to the first twelve months of the award as part of the first semi - annual
progress report that comes due after the conclusion of the first twelve months of the
project period, and shall submit the required information as to subsequent twelve -month
periods every twelve months thereafter (as part of a semi - annual progress report) until the
close of the award period, at which point the recipient shall submit the required
information as to any period not covered by prior reports as part of its final report.
The Grantee understands and agrees that funds may be withheld (including funds under
future awards), or other related requirements may be imposed, if the required information
is not submitted on a timely basis.
6. Press Releases
The Grantee shall transmit to the grant manager copies of all official grant- related press
releases at least thirty (30) working days prior to public release. Advance notice permits
time for coordination of release of information by CPJAD and NIJ where appropriate and
to respond to press or public inquiries.
7. Development and Use of Publications, curricula, training materials, etc.
To assist in information sharing, the Grantee shall provide the assigned CPJAD Criminal
Justice Planning Specialist with a copy of all interim and final reports and proposed
publications (including those prepared for conferences and other presentations) resulting
from this agreement. Submission of such materials prior to or simultaneous with their
public release aids CPJAD and NIJ in responding to any inquiries that may arise. Any
publications (written, visual, or sound) - excluding press releases and newsletters whether
published at the recipient's or government's expense, shall contain the following
statement:
"This project was supported by Award No. awarded by
the National Institute of Justice, Office of Justice Programs, U.S.
Department of Justice. The opinions, findings, and conclusions or
recommendations expressed in this publication/program /exhibition are
those of the author(s) and do not necessarily reflect those of the
Department of Justice or the Hawaii Department of the Attorney
General."
( *) Grantee should contact the assigned Specialist for the federal
grant number.
NIJ defines publications as any planned, written, visual or sound material substantively
based on the project, formally prepared by the award recipient for dissemination to the
public.
AG /CPJAD #26 Coverdell 07/2010 4
8. Assessments/Evaluations /Data Collection
The Grantee agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any activities within this project.
9. Copyrights
The Grantee acknowledges that the Office of Justice Programs reserves a royalty -free,
non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and
authorize others to use (in whole or in part, including in connection with derivative
works), for Federal purposes: (1) the copyright in any work developed under an award or
subaward; and (2) any rights of copyright to which a Grantee or Sub - Grantee purchases
ownership with Federal support.
The Grantee acknowledges that the Office of Justice Programs has the right to (1) obtain,
reproduce, publish, or otherwise use the data first produced under an award or subaward;
and (2) authorize others to receive, reproduce, publish, or otherwise use such data for
Federal purposes.
It is the responsibility of the Grantee (and of each subrecipient, if applicable) to ensure
that this condition is included in any subaward under this award.
SUBMITTED BY:
Signature: 'r,�I___� _ : „v Date: SEP 3 0 2O1
'NIRO 1W111)
Name: Harry S. Ku.ojiri Title: Chief of Police
Agency: Hawaii Police Department
AG /CPJAD #26 Coverdell 07/2010 5
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: �:�.Y
:����� 9 Date:
SEP 3 G 2011
l
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department
AG /CPJAD #3 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
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, which prohibits
discrimination on the basis of race, color, national origin, religion, or sex, in OJP and
COPS funded programs or activities. (42 U.S.C. §3789d and 28 C.F.R. §42.201 et seq.)
• Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of
race, color or national origin in OJP and COPS funded programs or activities. (42 U.S.C.
§2000d and 28 C.F.R. §42.101 et seq.)
• Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of
disability in OJP and COPS funded programs or activities. (29 U.S.C. §794 and 28 C.F.R.
§42.501 et seq.)
• Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the
basis of race, color, national origin, religion, sex, or disability in VOCA funded programs
or activities. (42 U.S.C. §10604)
• Title II of the Americans with Disabilities Act of 1990, as it relates to discrimination on
the basis of disability in OJP or COPS funded programs or activities. (42 U.S.C. §12132
and 28 C.F.R. Pt. 35)
• Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis
of sex in OJP and COPS funded training or educational programs. (20 U.S.C. §1681 and
28 C.F.R. Pt. 54)
• The Age Discrimination Act of 1975 as it relates to services discrimination on the basis
of age in OJP or COPS funded programs or activities. (42 U.S.C. §6102 and 28 C.F.R.
§42.700 et seq.)
• Executive Order No. 13166 prohibiting discrimination of Limited English Proficient
Persons.
• Executive Order No. 13279 regarding equal protection of the laws for faith -based
organizations. (28 C.F.R. pt. 38)
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.
Noncompliance with the discrimination regulations may result in the suspension or termination
of funding.
SUBMITTED BY:
Signature:
Name:
Agency:
Hawaii Police Department
AG /CPJAD #15 3/10
Date: SEP 2 0 2011
Title: Chief of Police
Recipient Name and Address:
CERTIFICATION FORM
Hawaii Police Department, 349 Kapiolani St.,
Hilo HI 96720
Grant Title: Working Towards Crime Lab Accredtliff $umber: 11 -CD -01 Award Amount: $13,300.00
to Ensure Quality Forensic Services
Contact Person Name and Title: Kathy Pung Phone Number: (308) 961 -8886
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301 -.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7th Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307 -2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
apply.
❑ Recipient has less than 50 employees,
❑ Recipient is a non - profit organization,
❑ Recipient is a medical institution,
❑ Recipient is an Indian tribe,
❑ Recipient is an educational institution, or
❑ Recipient is receiving an award less than $25,000
I, Harry S. Kubojiri
Hawaii Police Department
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R
Hawaii Police Department [recipi
laws that prohibit discrimination in employment and in the delivery of
Harry S. Kubojiri, Chief of Police
Print or type Name and Title
Sign
[responsible official], certify that
[recipient] is not required to
§42.302. I further certify that
nt] will comp l' applicable Federal civil rights
SEP 3 0 2011
Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
I [responsible official], certify that
the [recipient],which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: [organization],
at [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Depaitnient of Justice, as required by relevant laws and regulations.
Print or type Name and Title
OMB Approval No. 1121 -0140 Expiration Date: 12/31/12
Signature Date
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
I. The Hawaii 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;
(f)
taking one of the following actions with respect to any employee who is so
convicted:
AG /CPJAD #16 06/02
(g)
(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;
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:
Street Address Street Address
City, State, Zip Code
City, State, Zip Code
County County
SUBMITTED BY:
Signature:
Name:
Agency:
Hawaii Police Department
SEP 3 0 2011
Date:
Title: Chief of Police
AG /CPJAD #16 06/02
y
U.S. 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 67, Section 67.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
(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.
Harry S. Kubojiri, Chief of Police
Name and Title of Authorized : = presentative
Sig
Hawaii Police Department
SEP302011
Date
Name of Organization
349 Kapiolani Street, Hilo, Hawaii 96720
Address of Organization
OAP FORM 406111 (REV. 2169) Previous editions an obsolete.
• .w
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON - DISCRIMINATION COMPLAINT PROCEDURES
The U.S. Department of Justice, Office of Justice Programs (OJP), Office for Civil Rights (OCR)
has jurisdiction to investigate complaints of discrimination against recipients of funding from
OJP (which includes component agencies such as the Bureau of Justice Assistance, the Office for
Victims of Crime, and the National Institute of Justice), Office on Violence Against Women, and
the COPS Office. OCR has indicated that recipients and subrecipients of federal funding should
have non - discrimination complaint procedures. Therefore,
I certify that the Hawaii Police Department (name of agency) has non - discrimination
complaint procedures which include:
(1) a coordinator who is responsible for overseeing the complaint process. The agency's
coo dinat•r is:
Title Phone
(2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware
that they may complain of discrimination directly to a subrecipient, to the Department of
the Attorney General, or to the Office for Civil Rights.
a procedure to investigate the complaint. (The procedure may be an internal investigation
or forwarding the complaint to the Department of the Attorney General, the OCR, or
another appropriate external agency.)
(4) a procedure to notify the Department of the Attorney General, Crime Prevention and
Justice Assistance Division of the complaint. (The Department will forward the
complaint information to OCR and may conduct an investigation of the complaint.)
a procedure to notify the Department of the Attorney General of the findings of the
investigation.
(3)
(5)
SUBMITTED BY:
SEP302011
Signature: ��%`����_� Date:
Name:
Harry S. Kuboiiri Title: Chief of Police
(Head of Agency or Designee)
AG /CPJAD #30 6/2010