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Home My WebLink AboutRES 194 Draft 01 2010-2012 �V OF N'i' ,,I J%�v COUNTY OF HAWAII +� �' A=• STATE OF HAWAII RESOLUTION NO. 194 11 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE U. S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE PURSUANT TO HRS 46-7, FOR A COPS HIRING PROGRAM GRANT FOR THE HAWAII COUNTY POLICE DEPARTMENT WHEREAS, the U. S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance has authorized federal funding towards the Hawaii County Police Department's COPS Hiring Program; and WHEREAS, the funds from this grant will be used to hire six (6) police officers for up to three (3) years of service; 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 Hawai'i 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 U. S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, to enable the County to execute the COPS Hiring 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 Hilo , Hawaii, this 7th day of December , 2011. INTRODUCED BY: 09/g .9(-Tt%- COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai` i Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on neCPr }ter 7: 2011 ATTEST: /COUNTY CLERK CHAIRPERSON & PRESIDIN OFFICER LL VOTE Reference: C- 485 /Waived FC RESOLUTION NO. 194 11 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- 485 /Waived FC RESOLUTION NO. 194 11 Exhibit "A" U.S.Department of Justice - 1 Community Oriented Policing Services Grants Administration Division COPS Hiring Program Treasury Account Symbol(TAS) 15X0406 Grant#: 2011 ULWX0013 ORI#:HI00100 Applicant Organization's Legal Name:Hawaii County Police Department OJP Vendor#:996000567 DUNS# 6131543350000 Law Enforcement Executive: Chief of Police Harry S.Kubojiri Address: 349 Kapiolani Street City,State,Zip Code: Hilo,HI 96720 Telephone: (808)961-2244 Fax: (808)961-2389 Government Executive: Mayor William P.Kenoi Address: 25 Aupuni Street City,State,Zip Code: Hilo,HI 96720 Telephone: (808)961-8211 Fax: (808)961-6553 Award Start Date: 9/1/2011 Award End Date:8/31/2014 Full Time Officers Funded: 0 New Hires: 6 Rehires-Pre-Application Layoffs: 0 Rehires-Post-Application Layoffs: 0 Award ount: $1,392,336.00 Idr ‘/,,,r1,1"404- ,04:-.• SEP 8 2011 Bernard Melekian Date Director - By signing this Award Document,the grantee agrees to abide by all 20 Grant Terms and Conditions on the reverse side of this document and the attached pages: _ Harry S.Kubojiri Date Chief of Police William P.Kenoi Date Mayor False statements or claims made in connection with COPS grants may result in fines,imprisonment,debarment from Award ID: participating in federal grants or contracts,and/or any remedy available by law to the Federal Government. 103913 U.S.Department of Justice Office of Community Oriented Policing Services 2011 COPS Hiring Program Grant Terms and Conditions By signing the Award Document to accept this COPS Hiring Program(CHP)grant,the grantee agrees to abide by the following grant terms and conditions: 1. Grant Owner's Manual The grantee agrees to comply with the terms and conditions in the 2011 COPS Hiring Program Grant Owner's Manual;COPS statute(42 U.S.C.§.3796dd,et seq.);28 C.F.R.Part 66 or 28 C.F.R.Part 70 as applicable(governing administrative requirements for grants and cooperative agreements);2 C.F.R. Part 225(OMB Circular A-87),2 C.F.R.Part 220(OMB Circular A-21),2 C.F.R.Part 230(OMB Circular A-122)and 48 C.F.R.Part 31.000 et seq.(FAR 31.2)as applicable(governing cost principles);OMB Circular A-133(governing audits);representations made in the grant application for the COPS Hiring Program;and all other applicable program requirements,laws,orders,regulations,or circulars. 2. Assurances and Certifications. The grantee acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its CHP application. 3. Allowable Costs. The funding under this project is for the payment of approved full-time entry-level salaries and fringe benefits over three years(for a total of 36 months of funding)for career law enforcement officer positions hired and/or rehired on or after the official grant award start date.Any salary and fringe benefit costs higher than entry-level that your agency pays a CHP-funded officer must be paid with local funds. Your agency is required to use CHP grant funds for the specific hiring categories awarded.Funding under this program may be used for the following categories: a.Hiring new officers,which includes filling existing officer vacancies that are no longer funded in your agency's budget due to state,local,or Bureau of Indian Affairs (WA)budget cuts; b.Rehiring officers who had already been laid off at the time of grant application as a result of state,local,or BIA budget cuts;and/or c.Rehiring officers who were,at the time of grant application,scheduled to be laid oft'on a specific future date as a result of state,local,or BIA budget cuts. If your agency's local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories,your agency should request a post- award grant modification and receive prior approval before spending CHP funding under the new category. The Financial Clearance Memorandum(FCM),included in your award package,specifies the amount of COPS Hiring Program funds awarded to your agency for officer salaries and approved benefits.Please note that the salary and benefit costs requested in your original application may have been updated or corrected from the original version submitted to the COPS Office.You should carefully review your Final Funding Memorandum(FFM),which is also included in your award package. The FFM contains the final officer salary and fringe benefit categories and amounts for which your agency was approved.You will note that some costs may have been adjusted or removed.Your agency may only be reimbursed for the approved cost categories that are documented within the FFM,up to the amounts specified in the FCM.Your agency may not use CHP funds for any costs that are not identified as allowable in the Final Funding Memorandum and Financial Clearance Memorandum. Only actual allowable costs incurred during the grant award period will be eligible for reimbursement and drawdown.If your agency experiences any cost savings over the course of the grant(for example,your grant application overestimated the total entry-level officer salary and fringe benefits package),your agency may not use that excess funding to extend the length of the grant beyond 36 months.Any funds remaining after your agency has drawn down for the costs of approved salaries and fringe benefits incurred for each awarded position during the 36-month funding period will be deobligated during the closeout process,and should not be spent by your agency. 4. Sunplementiue,Not Supplanting. State,local,or BIA funds budgeted to pay for sworn officer positions irrespective of the receipt of CHP grant funds may not be reallocated to other purposes or refunded as a result of a CHP grant being awarded.Non-federal funds must remain available for and devoted to that purpose,with CHP funds supplementing those non-federal funds.Funding awarded cannot be obligated until after the grant award start date.This means that CHP funds cannot be applied to any agency cost prior to the award start date.In addition,your agency must take active and timely steps pursuant to its standard procedures to fully fund law enforcement costs already budgeted as well as fill all locally-funded vacancies resulting from attrition during the life of the grant. 5. Retention. At the time of grant application,your agency committed to retaining all sworn officer positions awarded under the CHP grant with state and/or local funds for a minimum of 12 months following the conclusion of 36 months of federal funding for each position,over and above the number of locally-funded sworn officer positions that would have existed in the absence of the grant.Your agency cannot satisfy the retention requirement by using CHP-funded positions to fill locally-funded vacancies resulting from attrition. 6. Extensions. Your agency may request an extension of the grant award period to receive additional time to implement your grant program.Such extensions do not provide additional funding.Only those grantees that can provide a reasonable justification for delays will be granted no-cost extensions.Reasonable justifications may include difficulties in filling COPS-funded positions,officer turnover,or other circumstances that interrupt the 36-month grant funding period.An extension allows your agency to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded.Extension requests most be received prior to the end date of the award. 7. Modifications, During the CHP grant award period,it may become necessary for an agency to modify its CHP grant award due to changes in an agency's fiscal or law enforcement situation.Modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category,reduce the total number of positions awarded,shift funds among benefit categories,and/or reduce the entry-level salary and fringe benefit amounts.For example,an agency may have been awarded CHP grant funding for ten new,additional full-time sworn officer positions,but due to severe fiscal distress/constraints,the agency determines it is unable to sustain all ten positions and must reduce its request to five full-time positions;or an agency may have been awarded CHP grant funding for two new,additional sworn officer positions,but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for lay-off on a specific future date post- application.Grant modifications under CHP are evaluated on a case-by-case basis.The COPS Office will only consider a modification request after an agency makes final,approved budget and/or personnel decisions. An agency may implement the modified grant award following written approval from the COPS Office.Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. Page 1 of 4 - U.S.Department oflustice - --• - -• ' Office-of Community OrientedPolicig Services --- 2011 COPS Hiring Program-Grant Terms and Conditions -- -- 8.Evaluations,The COPS Office may conduct monitoring or sponsor national evaluations the COPS Hiring-Program.The grantee agrees to cooperate with_the, monitors and evaluators. - - _ 9. �'o assist the COPS Office in theinonitorin of your award, - a �D �_ g y waR1.yourageneY will be responsible for sabmittinB q�Y-P �P�B�reports and quarterly-financial reports. _- _ 10. Federal Civil Riebts Laws. As a condition of receipt Of-federal financial assistance,you admowledge and-agreelhat you wi i riot(and will.require any subgrantees;-contractors�aoccessors,transferees,and assignees not to);-on the ground of race,color,religion,national origin(which Includes piowding limited English proficientpersonsmeaningful_=access to your programs),sex,disability or age,unlawfully exclude any person from_participation deny-the-benefits of or employment to anyperson orsubjec t anyperson to discrimination in connection with any a-iograms or activities funded iiWvftole or in part with federal finds.These civil rights requirementstre found in the non-discrimination provisions of.T_itle Vi of the Civil Rights Act of 1964,as atn��ed(42 U.S.C.§2000d);the Ordidibus Crime Control . and Safe Straits Act of 1968,as amended(42 U.S.C.§3789d);Section 504 of the Rehabilitation Act of 1973,as amended(29 US_C.;§794 Americans with •Disabilities Act(ADA)of 1990,as amended(42 U.S.C.if 12101-12213,47 U.S.C.§§225,611);the Age Discrimination Actof=l 975(42 U.S. .§6101,et seq.);Title IX of the Education Amendments of 1972,asamended(20 U.S 7:C.1681 et seq.);and the corresponding DOJ relations implenreenting thosestatutes at 28 C.F.R.part 42(subparts.C.D,E,0,and-1);regulations implementing the ADA,as revised(28 C.F.R:parts 35 and 36;29 C.F.R.parts 1630,1640;1641;4TSCFR§§64.60r-606. _ 611.and 613f49 C.F.R.parts 37 and 38).You also agree to comply-with Executive Order 13279 Equal Treatment for`Faitli-BasedOrganizationsend its implementing regulations at 28 C.F.R Part 38,which regaueltequal treatment of religious organizations mike funding process and nondiscrimination ofbenneficiaries by Faithased Organizations an the basis of belief ornon belief. - = _ - 11.-t'~iiunt Emnlayment OnnortunitvTlan(EEOP)e All recipients of funding from the COPS_Office must comply with the fediai"regulalions pertaining tore _ _ - developtnentand implementation of an Equal Employment Opportunity Plan(28 CFI.Par1A2=subpart E).' - 12. Grant Monitoring Activities, Federal law requires that law enforcementagencies receiving federal fundingfinm the_COPS Office must besaonitored to ure •compliance=v_iwith their granteonditions.and other applicable statutory regulations.-Ale COPS Office is also interested in tracking he progress of our programsand the advancemenr of community policing.Both aspects of grant implementation—compliance and-programmatic benefits—are part oldie monitoring process coordinated by the U.S.Department of Justice.Grant monitoring activities conducted by the COPS Office include site visits.=hire-based grant reviews, noncompliance reviews,financial and programmatic reporting,and audit resolution.As a CHP grantee,you agree-to cooperate with and respond to_airy requests for information pertaining t our grant. -- - -= -- 13. Emalmoment Eligibility:-The grantee agrees to complete aad keep on file,-as appropriate,a Bureau of Citizenship and immigration Services Employment Eligibility Verification Form(1-9).This form is to be used byrecipients of federal funds-to-verify that persons are eligible to work in the United-States. - 14. Camrqualty Policing. Community policing activities to be initiated or enhanced by your agency were-identified and descri edin your CHP grant application w ith referencelo each of the following elements of community policing:a)commu-1 partnerships and support;b)related governaieatal and community initiatives-that complemattopr agency's proposed use of CHP funding;anti=c)how your agency will use the funds to reorienTits mission or enhance its commitment to conmitmity policing._.:. - _ _ _ The COPS=Of�fi ice defines co i triunity policing as a philosophy that promotes-rganizational strategics,which support the syster c use of Partnerships and problem- solving techniques,to proactively address the immediate conditions that give rise to public safety issues such*crime,social disorder,and fear ofirime.CHP grants must be used to initiate or enhance community policing activities.All newly hired,additional orrehired officers(or an equal numbCtofredeployed veteran officers) - fiucded under CHP must engage.in communitypolicing activities. 15. Community Policing Self Assessment Took The COPS Office will require your agency to complete the Community I*olicmg,Self Assessment Tool(CP SAT) twice within the grant period,-at the beginning and again towards the end of your grant period 16. Contracts With Other 4vurisdictfonst Grantees that provide law enforcement services to another jurisdiction through a contract must ensure that officers funded under this grant do not service the other jurisdiction,but will only be involved in activities or perform services that exclusr elybenefit the grantee's awn jurisdiction. 17. False Statements, False statements or claims made in-connection with COPS-grants may result in fines,imprisonment,or debarment front participating in federal grants or contracts,and/or another remedy_available by law. 18. Additional High-RiskGrantee Requirements. The rec pient agrees toeomply with any additional requirements that may be imposed du gihe grant.--. performance period if the—awarding agency determines that the recipient is-a high-risk grantee-:(2:,8 C.F.R.Parts 66 and 70): 19. Central Contractor Registration and Universal Identifier Requirements.The Office of Management and Budget requires Federal agencies-to include the-,, following standard awandte n in all grants and-cooperative agreements made on or after October 1,2010: _F::-' - = - A.Requirement for Central Contractor Registration(CCR) = __ Unless you are exempted from this requirement under 2 C.F.R 4110,you as the recipient must maintain the currency of your ii'ormation in the CCR until you submit the final financial report required under this award or receive the final payment,whichevaits later.This=tequires that you review and update the information at least annually after the initial registration,and-more frequently if required by changes in your-Information or another award terms::-. .- =_== B.Requirement for Data Universal Numbering System(DUNS)-Numbers - __ _ - if you are authorized to make subawards under this award,you _ _---. I.Mattrtot O potential subrecipients tha?ba^entity(see definition In paragraph C of this air prd term)may receive a subaward from you tint ss—the entity has s. 1ge2of4 ___ U.S.Department of Justice Office of Community Oriented Policing Services 2011 COPS Hiring Program Grant Terms and Conditions provided its DUNS number to you. 2.May not make a subaward to an entity unless the entity has provided its DUNS number to you. C.Definitions For purposes of this award term: 1. Central Contractor Registration(CCR)means the federal repository into which an entity must provide information required for the conduct of business as a recipient.Additional information about registration procedures may be found at the CCR Internet site at httn://www.ccr.gov. 2. Data Universal Numbering System(DUNS)number means the nine-or thirteen-digit number established and assigned by Dun and Bradstreet,Inc.(D&B)to uniquely identify business entities.A DUNS number may be obtained from D&B by telephone(currently 866.705.5711)or the Internet at hen://fedgov.dnb.com/webform. 3. Entity.as it is used in this award term,means all of the following,as defined at 2 C.F.R.part 25,subpart C: a.A governmental organization,which is a State,local government,or Indian Tribe; b.A foreign public entity; c.A domestic or foreign nonprofit organization; d.A domestic or foreign for-profit organization;and e.A Federal agency,but only as a subrecipient under an award or subaward to a non-Federal entity. 4. Subaward: a.This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b.The term does not include your procurement of property and services needed to carry out the project or program(for further explanation,see Sec. _.210 of the attachment to OMB Circular A-133,"Audits of States,Local Governments,and Non-Profit Organizations"). c.A subaward may be provided through any legal agreement,including an agreement that you consider a contract. 5. Subrecipient means an entity that: a.Receives a subaward from you under this award;and b.Is accountable to you for the use of the federal funds provided by the subaward. 20. Reporting Subaward and Executive Compensation,The Office of Management and Budget requires Federal agencies to include the following standard award term in all grants and cooperative agreements made on or after October 1,2010: a.Reporting of first-tier subawards. I.Applicability.Unless you are exempt as provided in paragraph d.of this award term,you must report each action that obligates$25,000 or more in Federal funds that does not include Recovery funds(as defined in section 1512(ax2)of the American Recovery and Reinvestment Act of 2009,Pub.L.11 1-5)fora subaward to an entity(see definitions in paragraph e.of this award term). 2.Where and when to report. i. You must report each obligating action described in paragraph a.1.of this award term to www.fsrs.gov. ii. For subaward information,report no later than the end of the month following the month in which the obligation was made.(For example,if the obligation was made on November 7,2010,the obligation must be reported by no later than December 31,2010.) 3.What to report.You must report the information about each obligating action that the submission instructions posted at www.fsrs.gov specify. b.Reporting Total Compensation of Recipient Executives. 1.Applicability and what to report.You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year,if- i. the total federal funding authorized to date under this award is$25,000 or more; ii. in the preceding fiscal year,you received— (A) 80 percent or more of your annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320(and subawards);and (B) $25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320(and subawards);and iii.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986.(To determine if the public has access to the compensation information,see the U.S.Security and Exchange Commission total compensation filings at wwwsec.gov/answers/execomo.htm.) 2.Where and when to report.You must report executive total compensation described in paragraph b.1 of this award term: i. As part of your registration profile at y+ww.ccr.gnv. ii. By the end of the month following the month in which this award is made,and annually thereafter. c.Reporting of Total Compensation of Subreclplent Executives. I.Applicability and what to report.Unless you are exempt as provided in paragraph d.of this award term,for each first-tier subrecipient under this award,you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year,if Page 3 of 4 — . -Zt:S.Department of Justice - -_ __ - Office of mmuni y Oriented-Policing Services - - 20rFCOPS Hiring Program Grant Teems and Conditions- — - i. lathe subrecipient's preceding fiscal year,the subrecipient received- - - (A)80 percent or more of its annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the - Transparen rAci.as defined at 2 CFR 170.320(and subawards);and: (B) $25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts),and federal financial assistance subject to the Transparency Act(and salawards);and' - Ii. The public doetnot have mess to information about the compensation of the executives through pe1odic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934-(15 U.S.C.78m(a),78o(0))or section 6104 of the Internal Revenue Code of 1986.(To determine if the public has access to the compensation information,see the U.S.Security and 1 change Commission total compensation filings at www.sec.gov/answerelexecamo htm.) -- 2.Where and when report.You must report subrecipient executive total compensation desixrbed in paragraph c.l.of this award tern: - I To the recipient ,. ii.--By the end of the month following the month during which you make the subaward. U. S. Department of Justice Community Oriented Policing Services Grants Administration Division COPS Hiring Program 145 N Street,N.E. Washington,DC 20530 Memorandum To: Chief of Police Harry S.Kubojiri Hawaii County Police Department From: Andrew A.Doff,Assistant Director for Grants Administration John Oliphant,Supervisory Senior Policy Analyst Budget Prepared By:Barry Bratburd,Senior Policy Analyst Re: COPS Hiring Program Financial Clearance Memo A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable,allowable,and consistent with existing guidelines. Exceptions/Adjustments are noted below. OJP Vendor#: 996000567 ORI#: H100100 DUNS#: 6131543350000 Grant#: 2011ULWX0013 Budget Category Proposed Budget Approved Budget Adjustments Disallowed/Adjusted-Reasons/Comments Personnel $1,005,000.00 $1,005,000.00 $0.00 Fringe Benefits $387,336.00 $387,336.00 $0.00 Direct Costs: $1,392,336.00 $1,392,336.00 $0.00 Grand Total $1,392,336.00 $1,392,336.00 $0.00 Grand Total: Federal Share: $ 1,392,336.00 Applicant Share: $ 0.00 Cleared Date: 9/2/2011 Overall Comments: The total amount awarded has been reduced from the amount requested due to limitations on the availability of CHP funding in 2011. V1 h 3 3 h O O au Ts Ts CO 41 gn O 0 t 4i O O C C CA vl es in es CI 1:4 Ce .r V . • • N G O O' a p O N O O O O O 40 t• O C M M 0 N — pp b• o o Q M e 0 O E 0 O ... o M M o v F is F rsi us 0. L O .'� cn U to E C w w o O.• D F+ E /A�•1 r 6r 0 Ti O O O Ts O O 4. bD b,A p OC w E I I o e E . o o R O p V O O < G vs < 0 v9 vs .E = omi = 0 0 0 'S V] GS+ C. U ° Co) ° c _ • o O 0 p d M H U C 4a W O 74* /0 'r~r [r• iA E-. vs .E H O o 0 - r° E °o, u C o ca a- W as M a C . o O O G A g .p s.0 GA v! EA CA f/Z 0. .5 O h E N 0 o a. . 6 0 v '0 — N pV2 .= U 3 0 c O I.. v o v U = v o h c cz a O — 0 so 4) IQ N � F o F a x F [- 0 R : v d a Z o :: E c .. L OS In Is t g 0 to e