HomeMy WebLinkAboutRES 204 Draft 01 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 204 12
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER
INTO AN AGREEMENT WITH THE STATE DEPARTMENT OF THE
ATTORNEY GENERAL CRIME PREVENTION AND JUSTICE
ASSISTANCE DIVISION PURSUANT TO HRS 46 -7, FOR A GRANT
TITLED "PU MALU" FOR THE HAWAII COUNTY POLICE
DEPARTMENT
WHEREAS, the State Department of the Attorney General Crime Prevention and
Justice Assistance Division has authorized federally derived funding towards the Hawaii
County Police Department's Pu Malu program; and
WHEREAS, the funds from this grant will be used to provide training, purchase
supplies, room rental for community awareness sessions, and to purchase equipment to
improve safety by enhancing the quality of the department's investigation of crimes
involving firearms and reducing firearms in the community; 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
Department of the Attorney General Crime Prevention and Justice Assistance Division, to
enable the County to execute the Pu Malu 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 , Hawai'i, this 20th day of January , 2012.
INTRODUCED BY:
)r-efide-
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 January 20, 2012
ATTEST:
OUNTY CLERK CHAIRPERSON & PRESIDIN
ROLL CALL VOTE
Reference: C- 511/FC -176
ER RESOLUTION NO. 204 12
AYES
NOES
ABS
EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
9
0
0
0
Reference: C- 511/FC -176
ER RESOLUTION NO. 204 12
Project Number 08 -GP -02
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of January 1, 2012, by and
between the Department of the Attorney General, State of Hawaii,
hereinafter called "Agency ", by and through the Attorney
General, and the Hawaii Police Department, hereinafter called
"Grantee ".
WITNESSETH
WHEREAS, the Omnibus Crime Control and Safe Street Act
of 1968, as amended, Title I; 42 U.S.C. 50 et seq.; Crime
Control Act of 1990, P.L. 101 -647; Appropriations Act of 2001,
P.L. 106 -553; Appropriations Act of 2002, P.L. 107 -77;
Appropriations Act of 2003, 2004, 2006; P.L. 110 -5, embedded
secs. 101 -104; P.L. 109 -108, 119 Stat. 2290, 2302 authorize
funding to support and expand Project Safe Neighborhoods task
force efforts to reduce gun violence and gun crime.
WHEREAS, the United States Attorney for the District
of Hawaii and the Governor have designated Agency to serve as
1
EXHIBIT "A"
(10/2011)
Hawaii's office for administering the federal financial
assistance available under the Act.
WHEREAS, Grantee is qualified to receive funds
available to Hawaii under the Act and its respective
implementing regulations, contained in the Project Safe
Neighborhoods (PSN) 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
2 (10/2011)
stipulations hereinafter expressed, do mutually agree as
follows:
A. SCOPE OF SERVICES.
Grantee shall, in a proper and satisfactory
manner, as determined by Agency, and in accordance with the
terms and conditions of this Contract, use the funds received
under this Contract for the purposes stated herein and in
accordance with the "Application For Grant" (Parts I through IV
including all certifications required under Section C attached
hereto as Exhibit "A" and by reference incorporated herein. It
is understood that this Contract includes as a part hereof any
rules, relevant directives or instructions issued by the United
States or the Agency, including the provisions of the federal
Office of Management and Budget circulars and the effective
edition of the Office of Justice Programs' financial manual
entitled "Financial Guide."
B. TERM OF CONTRACT.
This Contract shall be in effect for the period
from January 1, 2012 to and including July 31, 2012 unless this
Contract is sooner terminated as hereinafter provided or unless
this Contract is extended in accordance with Section L. of this
Contract.
3 (10/2011)
C. PERFORMANCE REQUIREMENTS AND CONDITIONS.
1. Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
guidelines, including but not limited to 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
4 (10/2011)
the "Drug -Free Workplace Certification ". A copy of the Drug-
Free Workplace Certification shall be included in Part IV of the
Application for Grant.
Grantee covenants that the
representations made in the Drug -Free Workplace Certification
are true at the time this Contract is executed and will remain
true throughout the entire term of this Contract and any
extensions, and that Grantee shall fulfill all the requirements
set forth therein. Grantee's execution and submission of a
false Drug -Free Workplace Certification, or Grantee's violation
of any or all of the requirements set forth therein shall
entitle Agency to suspend one or more payments under this
Contract, and /or terminate this Contract pursuant to the
provisions of Section N of this Contract. Grantee warrants that
it is aware that such false certification or violation of the
requirements contained in the Drug -Free Workplace Certification
shall subject the State of Hawaii to government -wide suspension
or debarment, or other sanctions which, in turn, shall result in
the withdrawal of funds from Grantee and /or the unavailability
of future funding for Grantee.
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
5 (10/2011)
Certification shall be included in Part IV of the Application
for Grant. Grantee covenants that the representations made in
the Debarment Certification are true at the time this Contract
is executed and will remain true throughout the entire term of
the Contract and any extensions, and that Grantee shall fulfill
any and all terms and conditions set forth therein.
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
6 (10/2011)
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.
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; the Department of Justice regulations
implementing the above - referenced statutes at 28 C.F.R. Part 42,
subpts. C, D, G, and I, 28 C.F.R. Part 35, and 28 C.F.R. Part
54; Exec. Order No. 13279, 28 C.F.R. Part 38 (equal protection
7 (10/2011)
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 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
8 (10/2011)
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 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 six (6) and seven (7).
9 (10/2011)
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
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.
10 (10/2011)
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 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
11 (10/2011)
Contract. All persons hired or used by Grantee shall be
Grantee's agents and employees and Grantee shall be responsible
for the accuracy, completeness, and adequacy of any and all work
and services performed by its agents and employees.
Furthermore, Grantee intentionally, voluntarily, and knowingly
assumes the sole and entire liability if such liability is
determined to exist, to its agents and employees or to third
persons, for all loss, cost, damage or injury caused by
Grantee's agents and employees in the course of their
employment. The performance of work under this Contract alone
shall not be construed as employment with the State of Hawaii
and shall not entitle Grantee's agents and employees to
vacation, sick leave, retirement, or other benefits directly
afforded state employees by statutes. Grantee shall be
responsible for payment of all applicable federal, state, and
county fees which may become due and owing by the Grantee by
reason of the Contract, including but not limited to (i) income
taxes,(ii) employment related fees, assessments and taxes and
(iii) general excise taxes. The Grantee also is responsible for
obtaining all licenses, permits and certificates that may be
required in order to perform this Contract.
2. This section shall not be enforced if
Grantee is an agency of the State of Hawaii.
12 (10/2011)
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 Thirty -
three Thousand and Two Dollars and 00 /100 dollars ($33,,002.00)--
_ to be spent for the purposes of this Contract. This sum
represents any and all compensation to be paid to Grantee for
any and all services it provides, and for any and all travel
costs, materials, supplies, equipment, overhead, taxes, and
other incidentals and operating expenses which it incurs or may
incur in connection with this Contract.
2. 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.
13 (10/2011)
1. All funds available for use under this
Contract shall be subject to the allotment system as provided in
Chapter 37, Hawaii Revised Statutes.
2. Payments to Grantee under this Contract
shall be made in accordance with and subject to the following
provisions:
a. Payments shall be made monthly upon
receipt of Grantee's completed request for funds.
b. All payments shall be made in
accordance with and subject to Chapter 40, Hawaii Revised
Statutes, which specifies the accounting procedures and controls
applicable to payments out of the Treasury of the State of
Hawaii.
c. If an amount of reported expenditures
is preliminarily determined by Agency to be inappropriate and
unallowable, Agency may deduct an equivalent amount from the
next payable installment and may withhold payment of the amount
of the moneys equivalent to the questioned expenditures until
later resolution of the discrepancy by audit or other means.
If, after payment of the last installment, investigation and
examination reveal additional expenditures that are determined
by Agency to be inappropriate and unallowable, Agency may
require that an equivalent amount of moneys be refunded to
14 (10/2011)
Agency notwithstanding Agency's preliminary determination of
appropriateness and allowability.
d. Failure to submit required reports by
the applicable deadline will result in the withholding of
payments until such time as the reports are received by Agency.
Grantee shall continue to provide the services, programs and
activities during the period that payments are being withheld.
I. INDEMNIFICATION.
1. It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages, cause of
action or suits resulting from the acts, activities, or
omissions of Grantee. Grantee shall indemnify and save harmless
the State of Hawaii, Agency, and their officers, agents, and
employees from and against any and all liability, loss, actions,
claims, suits, damages, costs or expenses, including all
attorneys' fees, and all claims, suits, and demands 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
15 (10/2011)
the action or claim involves an act or omission solely of
Agency, its officers, agents, or employees.
2. This section shall not be enforced if
Grantee is an agency of the State of Hawaii.
J. CONFIDENTIAL MATERIAL.
Any information, data, report, record, summary,
table, map, or study given to or prepared or assembled by
Grantee under this Contract which is identified as proprietary
or confidential information that Agency requests to be kept
confidential shall be safeguarded by the Grantee and shall not
be made available to any individual or organization other than
any subcontractor to which the material may relate, without
prior written approval of Agency. Grantee shall submit a
completed Privacy Certification for review and approval prior to
the expenditure of funds for the collection of identifiable
research /statistical data. All information, data, or other
material provided by the Grantee or the Agency shall be kept
confidential only to the extent permitted by law. Grantee shall
comply with the requirements of Chapters 487J, 487N and 487R,
Hawaii Revised Statutes as applicable.
K. COPYRIGHT AND PATENT.
16 (10/2011)
The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
prepared, assembled, or conceived by the Grantee pursuant to
this Contract, and all such material shall be considered "works
made for hire ". No summary, report, map, chart, graph, table,
study or other documents or discovery, invention, or development
produced in whole or in part with funds made available under
this Contract shall be the subject of an application for
copyright or patent by or on behalf of Grantee, its officers,
agents, or its employees, or its subcontractors without prior
written authorization from Agency.
L. MODIFICATION OF CONTRACT.
Any modification, alteration, amendment, or
change to this Contract other than to the "Application For
Grant" (attached hereto as part of Exhibit "A ") or to the period
during which this Contract is in effect in Section B, including
increases (subject to the availability of funds) or decreases in
the amount of compensation, permitted by this Contract shall be
made by written supplemental agreement to this Contract and
executed by Grantee and the Attorney General or the Attorney
General's designee. Modifications, alterations or changes to
provisions of the "Application For Grant" may be requested by
Grantee, approved by the Administrator of the Crime Prevention
17 (10/2011)
and Justice Assistance Division on Agency's behalf, and made by
substituting or inserting the revisions in Exhibit
"An
Modifications, alterations or changes to the period during which
this Contract is in effect may be requested in writing by
Grantee or Agency, up to forty -five (45) days before the
Contract would otherwise terminate, and shall be effective as of
the date approved by the Administrator of the Crime Prevention
and Justice Assistance Division (if requested by Grantee) or
Grantee (if requested by Agency) and made by attaching
a party's written request with the other party's written
approval thereon to this Contract. No oral modification,
alteration, amendment, change, or extension of any term,
provision or condition of this Contract shall be permitted.
M. CONFLICT OF INTEREST.
Grantee represents that it presently has no
interest and promises that it shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree
with the performance of the services under this Contract.
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
18 (10/2011)
Grantee breaches any of the promises, terms or conditions of
this Contract and, having been given reasonable notice of and
opportunity to cure any such default, fails to take satisfactory
corrective action within the time specified by Agency, Agency
shall have the right to terminate this Contract by giving
written notice to Grantee of such termination ten (10) calendar
days before the effective date of such termination. The Grantee
shall continue performance of the Contract to the extent it is
not terminated. Notwithstanding termination of the Contract,
and subject to any directions from the Agency, the Grantee shall
take timely, reasonable, and necessary action to protect and
preserve property in the possession of the Grantee in which the
Agency has an interest.
2. Furthermore, Agency may terminate this
Contract without statement of cause at any time by giving
written notice to Grantee of such termination at least thirty
(30) calendar days before the effective date of such
termination.
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
19 (10/2011)
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 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.
20 (10/2011)
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 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.
21 (10/2011)
Any such exhibit shall be attached 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 RECOMMENDED:
By
Name
Title Chief of Police
Date
By
Name
Title Director of Finance
Date
22 (10/2011)
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
235 South Beretania Street, Suite 401
Honolulu, Hawaii 96813
APPLICATION FOR PROJECT SAFE NEIGHBORHOODS (PSN) &
ANTI -GANG INITIATIVE GRANTS
PART I. TITLE PAGE
A. PROJECT TITLE: Pu Malu (Gun Control)
B. APPLICANT AGENCY: Hawaii Police Department
C. APPLICATION RANKING WITHIN AGENCY: (as determined by agency head)
D. ADDRESS: 349 Kapiolani Street
City Hilo Zip 96720
E. LOCATION OF PROJECT: 349 Kapiolani Street Hilo, HI 96720
F. PROJECT PERIOD: From January 1 2012 To July 31, 2012
G. TYPE OF APPLICATION:
New ® Continuation ❑
H. TOTAL PROJECT AMOUNT: $ 33,002
I. OTHER FUNDING SOURCES:
Is the proposed project seeking other sources of funding? Yes ❑ No ® If yes, then provide name of
source and the amount of funds that is being sought: Source Amount $
J. PERFORMANCE MEASURES:
The applicant agrees to comply with all reporting, data collection and evaluation requirements, as prescribed
by the Department of the Attorney General. Yes ® No ❑
K. PROJECT DIRECTOR
Name: Sherry D. Bird Title: Lieutenant
Address: 349 Kapiolani Street
Telephone: (808)326 -4646 Fax: (808)327 -3651
E -Mail: sbird @co.hawaii.hi.us
L. FINANCIAL OFFICER
Name: Nori Ishii Title: Accountant V
Address: 349 Kapiolani Street Hilo, HI 96720
Telephone: (808)961 -2273
E -Mail: nishii @co.hawaii.hi.us
Fax: (808)961 -2390
FOR CPJAD USE
Date received: Project Number:
Vv-
EXHIBIT A
AG /CPJAD #1 PSN Anti -Gang (Rev 07/09/2009)
APPLICATION FOR PROJECT SAFE NEIGHBORHOODS (PSN) &
ANTI -GANG INITIATIVE GRANTS
PART II. DESCRIPTION OF PROJECT
Note: This form does not provide spell check.
A. THE PROBLEM
Firearms are being recovered more often than not as officers conduct their criminal
investigations, whether their investigations are a simple traffic stop or the result of a
search warrant. The continued use of illegal narcotics leads to paranoid behavior which
commonly drives the narcotics user and /or distributor to acquire firearms to be used for
their protection. To facilitate narcotics distribution, firearms are often used to commit
violent crimes including homicides, home - invasion burglaries, and robberies. Frequently,
the recovered firearms are not registered, illegally possessed, and in some instances were
reported stolen from residential burglaries.
Hawai'i Police Department Officers have become increasingly aware that it is a common
practice for illegal narcotics users and /or distributors to maintain firearms and
ammunition in close proximity to them- either on their person, residence, or vehicle to
protect their illicit inventory and proceeds not only from law enforcement, but also from
those who may attempt to "rip" them off
Notable investigations involving narcotics and firearms include the following:
1) October 2008: Approximately one pound of crystal methamphetamine was
recovered after an airline employee smuggled the methamphetamine on his person
to Hawaii Island from California. A revolver was located at his residence after
officers executed a search warrant there.
2) May 2009: Officers recovered one shotgun and one handgun from a
convicted felon who had over one ounce of crystal methamphetamine in his
possession. He admitted his intent to purchase additional firearms with the drug
proceeds.
3) May 2009: A male adult was shot and killed after he allegedly attempted to
steal marijuana. The shooter, who was legally growing medical marijuana on his
property, witnessed the intruder approach his greenhouse and shot the
intruder twice with a shotgun.
4) August 2009: A husband and wife were arrested after being in possession of over
seven pounds of cocaine, ten ounces of crystal methamphetamine, and four
firearms, one of which was reported stolen during a residential burglary earlier in
the year.
5) November 2009: After holding up a pharmacy at gunpoint, a male suspect fled
AG /CPJAD #1(a) PSN & Anti -Gang (Rev 07/09/2009)
Page 1
with prescription medication consisting of fentanyl and oxycontin. The same
pharmacy was previously held -up by gunpoint in June 2008, and it is believed to be
by the same suspect.
In 2009, of the 339 firearms recovered by the Hawaii Police Department, approximately
17% were in possession of offenders who were either convicted felons, or offenders
convicted of a violent crime, making them ineligible to legally possess a firearm.
Approximately 23% of the firearms were either not registered, or not registered to the
person in possession of the firearm.
In 2010, of the 292 firearms recovered by the Hawai'i Police Department, approximately
13% were in possession of offenders who were either convicted felons or offenders
convicted of a crime of violence which would make them ineligible to legally possess a
firearm. Approximately 20% of the firearms were either not registered, or not registered
to the person who was in possession of the firearm.
Past and current practices of the Hawai'i Police Department have been to conduct
traditional investigations with the primary focus on narcotics even in instances where
firearms have been recovered along with narcotics. The officers tend to rely solely on the
mere fact a firearm was recovered, and focus little of their investigative efforts on
attempting to determine information about the firearm, such as how it was acquired, cost,
how many times did the offender shoot the firearm, does the offender know he /she is not
supposed to possess a firearm, etc.
This can be attributed to a lack of awareness, training and resources available or
reasonably known to be available to the officers. Without the proper training, officers are
not aware of what types of questions they should be asking the offender to ensure a
successful prosecution. They are also unaware of what other statutes the offender may be
violating, for instance if the offender is an admitted narcotics user or distributor.
B. GOALS AND OBJECTIVES
Goal:
To improve safety by enhancing the quality of the department's investigations of crimes
involving firearms and reducing the number of firearms in the community.
Objective 1:
Provide training for a minimum of 50 detectives and officers on conducting effective
investigations into crimes involving firearms.
Objective 2:
Conduct two community awareness sessions, in which the community will be presented with
information about the Project Safe Neighborhood program. The community will also be
educated on the proper steps to take to register a firearm, consequences of illegally
AG /CPJAD #1(a) PSN & Anti -Gang (Rev 07/09/2009)
Page 2
possessing firearms, who would be ineligible from legally possessing firearms, and what to
do if community members have information relating to illegal firearms offenses.
Objective 3:
Recover 50 firearms during the proposed gun turn -in amnesty period.
C. PROJECT ACTIVITIES
A two -day training will be held that will be planned and implemented through multi -
agency collaboration including federal, state, and local law enforcement; local and federal
paroling and probation agencies; and local and federal prosecutors. The target audience
will consist of a minimum of 50 attendees from the local and federal law enforcement
agencies, local and federal paroling and probation agencies, local and federal prosecutors,
and officers assigned to the following sections: Vice, Community Policing, Criminal
Intelligence, Criminal Investigations, Juvenile Aid, and Patrol. Training topics will
include:
o Federal and state laws relating to firearm offenses;
o Confidential informant development and management, interview and
interrogation techniques;
o Ethics and professionalism;
o Ethical dilemmas of "proffers;"
o Surveillance techniques for investigating firearms offenses; and
o Gangs and firearms.
In -state conference presenters include:
Hawaii County Prosecutor's Office First Deputy Dale Ross and a Deputy Prosecuting
Attorney will present topics covering state firearms laws, consequences for violating the
state firearms laws, proper case preparation, offenders prohibited from possessing
firearms, ethical dilemmas of proffers, and state resources available to law enforcement
for firearms offenses.
A representative from the United States Attorney's Office will present on federal firearms
laws, consequences for violating the federal firearms laws, proper case preparation,
offenders prohibited from possessing firearms, and federal resources available to law
enforcement for firearms offenses.
Bureau of Alcohol, Tobacco and Firearms Enforcement Special Agent Terry Horenburg
will present topics covering firearms identification, firearms tracing, federal firearms
offenses, interview and interrogation techniques, and resources available to law
enforcement for firearms offenses.
Bureau of Alcohol, Tobacco, and Firearms Enforcement Special Agent Ty Torco will
present topics covering explosives recognition, and proper handling and disposal
AG /CPJAD #1(a) PSN & Anti -Gang (Rev 07/09/2009)
Page 3
methods.
Upon the completion of the above training, a network of contacts will be created and
distributed to all training attendees.
Working with federal and local prosecutors, establish a two month amnesty period,
February to March 2012, in which community members may turn in illegal and/or
unregistered firearms and /or ammunition without fear of criminal prosecution. This
amnesty period will be advertised via various advertising methods such as the internet,
radio broadcasts, and with the creation of informational cards which will be distributed to
the community. This serves two purposes: 1) allows for the removal of otherwise
undocumented /illegal firearms which may not have been attained by other law
enforcement methods 2) creates a community awareness program in which the
community is educated about federal and state firearms laws and how to properly register
and store firearms.
Two community awareness sessions will be conducted by June 30, 2012, one in Hilo and
the other in Kona, in which the community will be presented with information about the
Project Safe Neighborhood program. The community will also be educated on the proper
steps to take to register a firearm, consequences of illegally possessing firearms, who
would be ineligible from legally possessing firearms, and what to do if community
members have information relating to illegal firearms offenses.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Project Director is Lieutenant Sherry Bird of the Area II Vice Section. It will be the
Project Director's duty and responsibility to maintain an accurate record of the recovered
firearms and ammunition and cases initiated during the grant period.
The Project Director reports to the Captain of the Area II Criminal Investigation Division.
The Criminal Investigation Division falls under the command of the Major and Assistant
Chief of Area II Operations.
E. PERSONNEL
The Hawaii Police Department will use existing personnel; there will be no new hires for
this project.
F. BRIEF PERSONNEL BIOGRAPHIES
Project Director: Lt. Sherry D. Bird, a 13 -year police veteran currently assigned as the
Commander of the Area II Vice Section.
Additional sworn personnel include officers and detectives with specialized training and
AG /CPJAD #1(a) PSN & Anti -Gang (Rev 07/09/2009)
Page 4
experience both in patrol and within the Criminal Investigative Division.
Support personnel (Police Records Clerk and Evidence Custodians) also possess the
specialized training and experience needed to accomplish the goals and objectives of this
proj ect.
G. PARTICIPATING AGENCIES
Hawaii Police Department
Hawaii County Prosecutor's Office
United States Attorney's Office
Honolulu Police Department
Maui Police Department
Kauai Police Department
Bureau of Alcohol, Tobacco, and Firearms
H. PERFORMANCE INDICATORS /OUTCOME MEASURES
Number of detectives and officers that attended training;
Number of detectives and officers that complete online training courses;
Number of community awareness sessions held;
Number of individuals attending community awareness sessions;
Number of guns and/or ammunition collected.
Note: The Bureau of Justice Assistance requires that "applicants who receive funding under
this solicitation must provide data that measures the results of their work. Performance
measures for this solicitation are as follows:
Performance Measures: (1) Percentage of targeted PSN sites reporting a reduction over the
previous year in the number of homicides with a firearm; (2) Percentage of targeted PSN
sites reporting a reduction in the number of combined homicides, aggravated assaults, and
robberies that are committed with a firearm.
Data Grantee Provides: (1) Number of homicides with a firearm experienced during the
current reporting period within the targeted PSN site; (2) Number of combined homicides,
aggravated assaults, and robberies that are committed with a firearm during the current
reporting period within the targeted PSN site.
I. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM
By educating the public on the current state and federal statutes pertaining to firearm
ownership and providing the public an opportunity to voluntarily turn in firearms during
set time periods in which they need not fear criminal prosecution, it is expected the
availability of unregistered or illegal firearms on the "streets" will be greatly reduced. By
AG /CPJAD #1(a) PSN & Anti -Gang (Rev 07/09/2009)
Page 5
minimizing the amount of unregistered or illegal firearms available to the public, it is
believed this will make it harder for narcotics users and distributors to acquire firearms
thereby reducing the likelihood of gun violence.
The result will be a decrease in the number of crimes that involve unregistered or illegal
firearms which will not only positively impact all aspects of law enforcement work and
the criminal justice system, but will also reduce the probability of intentional or
accidental deaths or injuries caused by firearms.
Checks of firearms turned in may lead to the sucessful recovery of those that may have
been taken during the course of prior criminal investigations.
AG /CPJAD #1(a) PSN & Anti -Gang (Rev 07/09/2009)
Page 6
APPLICATION FOR PROJECT SAFE NEIGHBORHOODS (PSN) &
ANTI -GANG INITIATIVE GRANTS
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT
AMOUNT
A. Salaries and Wages
Position Title
No. of
Positions
Monthly rate
Subtotal
$
$
$
$
$
$
$
$
Position Title
No. of
Positions
Hourly Rate
No. of
Hours
Subtotal
$
$
$
$
$
$
$
$
Total Salaries and Wages
$0
B. Fringe Benefits
Employee Benefits @
Position Title
No. of
Positions
Monthly Rate
Subtotal
$
$
$
$
$
$
$
$
Position Title
No. of
Positions
Hourly Rate
No. of
Hours
Subtotal
$
$
$
$
$
$
$
$
Total Fringe Benefits
$0
C. Consultants /Contracts
Scope of Consultant /Contract
Estimated
Cost
Length of
Consultant/
Contract
Service
Select as Appropriate
Mainland Trainer -Fee
$3000
2 Days
• Consultant ►1 Contract
(All inclusive)
$
❑ Consultant ❑ Contract
$
❑ Consultant ❑ Contract
$
❑ Consultant ❑ Contract
$
❑ Contract
• Consultant
Total Consultants
$3,000
D. Transportation and Subsistence
AG /CPJAD #1(b) PSN & Anti -Gang (Rev 07/09/2009)
COST ELEMENT
AMOUNT
Itemize for mainland /interisland
airfare, ground transportation, rental
car, per diem
Unit Cost
No. of
Travelers
as
applicable
No. of
Days
Subtotal
Trainer (On- Island)
Lodging
$50
2
2
$200
Excess Lodging
$100
2
2
$400
Meals
$40
2
2
$160
Participant
Lodging
$50
30
1
$1,500
Excess Lodging
100
30
1
$3,000
Meals
$40
30
2
$2,400
$
$
$
$
Total Transportation and Subsistence
$7,660
E. Office Supplies
Itemize supplies and related costs such
as printing, paper, binders, etc.
Quantity
Cost by Unit
Subtotal
High Quality Paper
10
$44
$440
Binders
60
$8
$480
Color Ink
20
$30
$600
Black Ink
20
$30
$600
Document Bags
60
$6
$360
Padfolio
60
$8
$480
Pens
6 boxes
$7
$42
Informational cards and
brochures
3,000
$1,500
Total Office Supplies
$4,502
F. Equipment
Specify equipment that will be
purchased, leased, or rented.
Quantity
Cost by Unit
Subtotal
Laptop computer, software
1
$2,200
$2,200
Laptop carrying case
1
$200
$200
Projector
1
$1,050
$1,050
Portable Screen
1
$300
$300
Total Equipment
$3,750
G. Other Costs
Quantity
Cost by Unit
Subtotal
Training Room Rental
2
$4,000
$8,000
Community Meeting Sites
2
$500
$1,000
Handgun boxes (25 count)
4
$37
$148
Rifle boxes (25 count)
4
$68
$272
12" Nylon evidence ties
10
$17
$170
Radio Advertisements
$1,500
$1,500
Print Advertisements
$1,500
$1,500
AG /CPJAD #1(b) PSN & Anti -Gang (Rev 07/09/2009)
COST ELEMENT
AMOUNT
Training Subscription
1
$1,500
$1,500
$
$
$
$
Total Other Costs
$14,090
TOTAL PROJECT COSTS $33,002
AG /CPJAD #1(b) PSN & Anti -Gang (Rev 07/09/2009)
D.
BUDGET EXPLANATION:
A. Salaries and Wages
N/A
B. Fringe Benefits
N/A
C. Consultants /Contracts
Consultant Craig Michaels, considered an expert in the areas of informant handling and
undercover operations will present instruction covering confidential informant development
and management, and surveillance techniques in firearms investigations. Proper confidential
informant development and management is crucial to developing cases involving illegal
firearms possession. Additionally, it is critical to learn useful surveillance techniques in order
to assist with the information gathering needed for a successful prosecution. The cost will
include all instruction time, travel, airfare, lodging, per diem, mileage, and training materials.
Total Consultants /Contracts = $3,000.00
Transportation and Subsistence
The layout of the island of Hawaii makes it logistically difficult for law enforcement
personnel to gather at one location at the same time for the purposes of training without
incurring travel costs such as airfare, ground transportation, hotel accommodations, and per
diem. Eliminating the extra costs of hotel accommodations will allow for 30 of the attendees,
who reside at least 2 districts away from the conference district, to stay at the conference
hotel.
Travel expenses will be used for the hotel accommodations and per diem for 2 on- island
conference presenters and 30 participants to attend the two day conference. The remaining
participants would not be eligible for per diem expenses since their assigned duty district is
either in the same district as the conference or they reside within the next district of the
conference.
Total Transportation and Subsistence = $7,660.00
E. Office Supplies
The paper, binders, and color and black ink will be used to create conference brochures
which will contain the conference agenda, an attendee contact information list, and reference
materials which will be distributed to each attendee. The padfolios and pens will also be
distributed to each attendee for the purpose of adequately documenting the information
presented for future use and the document bags will be distributed to conference attendees so
that they may store the information presented at the conference in an organized manner.
Informational cards will be created and will be distributed to community members at the two
community meetings and to the general public at the police department's receiving desks and
other areas where community members often come into contact with officers.
AG /CPJAD #1(b) PSN & Anti -Gang (Rev 07/09/2009)
Page 1
F.
G.
Total Office Supplies = $4,502.00
Equipment
The laptop computer, associated software, carrying case, projector, and portable screen will
be used to present the information at the two day conference and the two community
meetings. The carrying case will be used to transport the computer and the printer will be
used to print the conference agenda and attendees' contact information which will distributed
to the conference attendees. The laptop will also be used to create and write investigative
reports for the investigations conducted under this initiative.
Total Equipment = $3,750.00
Other Costs
The conference training room will be used to facilitate the two day conference aimed at
improving investigative strategies to address gun related violent crimes, at a daily cost of
$80.00 per participant, with 50 participants expected each day.
The two community meeting sites will be used to present information to the community
relating to legal and illegal firearm acquisition and possession. The anticipated cost is $500
per meeting site.
It is anticipated there will be an increase in firearms recovered by law enforcement during the
proposed firearm amnesty period. In addition, officers frequently recover firearms during
their normal investigations. The handgun and rifle evidence storage boxes and nylon
evidence ties will be used to safely and properly store the recovered firearms until the
firearms are properly disposed of and /or criminal litigation is completed.
In order to be successful, the firearm amnesty program must be advertised in the community.
Radio and print advertisements will be purchased in order to inform the community of the
program.
The training subscription will be used to pay for a one -year online subscription to
www.lineofduty.com - this company provides reality based training for officers to include
critical breakdowns of real life situations in which firearms were used to injure and/or kill
police officers; the breakdowns are used to educate officers of the possibility of these
dangerous situations occurring and serves as a learning tool for the officers. This training
subscription will enable each officer with the Hawaii Police Department to access the
website for one year for training purposes in order to enhance officer safety practices. At a
minimum, 50 detectives and officers will complete officer safety courses offered with this
subscription.
Total Other Costs = $14,090.00
AG /CPJAD #1(b) PSN & Anti -Gang (Rev 07/09/2009)
Page 2
PART IV. ATTACHMENTS
(Assurances & Certifications)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF CONDITIONS
The undersigned agrees, on behalf of the applicant agency, that:
1. This project, upon approval, shall constitute an official part of Hawaii's Project Safe
Neighborhoods Grant Program established under the Ominbus Crime Control and Safe Streets Act
of 1968, as amended, Title I; 42 U.S.C. 50 et seq.; Crime Control Act of 1990, Public Law 101-
647.
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 Ominbus Crime Control
and Safe Streets Act of 1968, as amended, Title I; 42 U.S.C. 50 et seq.; Crime Control Act
of 1990, Public Law 101 -647, as amended, as applicable;
(b) conditions applicable to the fiscal administration of grants under the Ominbus Crime
Control and Safe Streets Act of 1968, as amended, Title I; 42 U.S.C. 50 et seq.; Crime
Control Act of 1990, Public Law 101 -647 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: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department
AG /CPJAD #14 PSN 04/22/2010
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF PROJECT SAFE NEIGHBORHOOD (PSN) 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. Providing Meaningful Access to Program for Persons with Limited English Proficiency
Grantee must certify that Limited English Proficiency persons have meaningful access to the
services under this program(s). National origin discrimination includes discrimination on the
basis of Limited English Proficiency (LEP). To ensure compliance with Title VI and the Safe
Streets Act, Grantee is required to take reasonable steps to ensure that LEP persons having
meaningful access to the program. Meaningful access may entail providing language assistance
services, including oral and written translation when necessary. The U.S. Department of Justice
has issued guidance for grantees to help them comply with Title VI requirements. The guidance
document can be accessed on the Internet at www.lep.gov.
3. Assessments /Evaluations/Data Collection
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.
4. Development and Use of Publications, Curricula, Training Materials, etc.
Grantee agrees to submit to Hawaii Department of the Attorney General, Crime Prevention and
Justice Assistance Division (CPJAD) for review and approval any curricula, training materials,
proposed publications, reports, or any other written materials that will be published, including
web -based materials and web site content, through funds from this grant at least sixty (60)
AG /CPJAD #26 PSN 04/2010 1
working days prior to the targeted dissemination date. Any written, visual, or audio publications,
with the exception of press releases, whether published at the grantee's or government's expense,
shall contain the following statements:
"This project was supported by Grant No. *, awarded by the
Bureau of Justice Assistance. The Bureau of Justice Assistance is a
component of the Office of Justice Programs, which also includes the
Bureau of Justice Statistics, the National Institute of Justice, the Office of
Juvenile Justice and Delinquency Preventions, the SMART Office, and the
Office for Victims of Crime. Points of view or opinions in this document
are those of the author and do not represent the official position or policies
of the United States Department of Justice or the Hawaii Department of
the Attorney General."
( *) Grantee should contact the assigned Specialist for the federal grant
number.
The current edition of the OJP Financial Guide provides guidance on allowable printing and
publication activities.
5. Media Outreach
Grantee agrees to submit to CPJAD for review and approval, any proposal or plan for Project
Safe Neighborhoods media- related outreach. CPJAD approval must be received prior to any
obligations or expenditure of grant funds related to the development of media - related outreach
projects.
6. Bureau of Justice Assistance (BJA) Reporting Requirements and Performance Metrics
Grantee shall comply with all reporting, data collection and evaluation requirements, as
prescribed by law and entailed by the BJA in program guidance for the PSN program. Grantee
shall also complete and submit semi - annual progress reports. The progress reports are to cover
activities that the Grantee has completed and must include data on the following PSN identified
performance measures, as applicable:
Goal /Objective
Performance Measures
Data Grantee Provides
To create safer
1. Percentage of targeted PSN
1. Number of homicides with a
neighborhoods by
sites reporting a reduction over
firearm experienced during the
reducing gun violence
the previous year in the
current reporting period within
and gun crime, and
number of homicides with a
the targeted PSN site.
sustaining that reduction.
firearm.
2. Number of combined
2. Percentage of targeted PSN
homicides, aggravated
sites reporting a reduction in
assaults, and robberies that are
the number of combined
committed with a firearm
homicides, aggravated
during the current reporting
assaults, and robberies that are
period within the targeted PSN
committed with a firearm.
site.
Reduce the occurrence of
The percentage of combined
1. The total number of gang -
violent gang- related*
incidents through both
homicides, aggravated assaults,
and robberies that are gang-
related* homicides that
occurred during the current
reactive and proactive
efforts supported by
related *.
reporting period.
AG /CPJAD #26 PSN 04/2010
2
Goal /Objective
Performance Measures
Data Grantee Provides
enforcement planning
2. The total number of gang -
coordinated with federal,
state, and Local law
related* aggravated assaults
that occurred during the
enforcement and
informed by data and
real -time intelligence.
current reporting period.
3. The total number of gang -
related* robberies that
occurred during the current
reporting period.
4. The total number (gang -
related* and non gang - related)
of homicides, aggravated
assaults, and robberies that
occurred during the current
reporting period.
Reduce the occurrence of
The percentage of youth
1. Total number of youth
youth gang - related*
competing program requirements.
participating in the program
incidents and increase
during the current reporting
positive outcomes for
youth at high risk for
gang involvement
period.
2. Number of youth that
through targeted,
evidenced -based gang
prevention (for grantees
using funding for
completed the program during
the current reporting period.
3. Number of youth that exited
prevention
the program during the current
programming).
reporting period without
completing the program.
Note: The operational definition for "gang- related" will be established by each local district at
the outset of the project and included on all progress reports.
The reporting periods and due dates are:
January 1 through June 30 Due: July 15
July 1 through December 31 Due: January 15
7. CPJAD Reporting Requirements
Complete using the Progress Report Form, AG /CPJAD #20, every six months and at the end of
the project period. Report is due one month after the period ends.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department
AG /CPJAD #26 PSN 04/2010 3
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: Date:
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 Office of Justice
Programs, Office of Community Oriented Policing Services, and Office on Violence Against
Women 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 Office of Justice Programs, Office of Community Oriented Policing
Services, and Office on Violence Against Women 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
Office of Justice Programs, Office of Community Oriented Policing Services, and Office on
Violence Against Women 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 Office of Justice Programs, Office of Community Oriented Policing Services, and
Office on Violence Against Women 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 Office of Justice Programs, Office of Community Oriented Policing Services, and Office on
Violence Against Women 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
Office of Justice Programs, Office of Community Oriented Policing Services, and Office on
Violence Against Women 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 and 28 C.F.R. pt. 38 regarding equal protection of the laws for faith -
based organizations.
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: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department
AG /CPJAD #15 (revised 10/2011)
CERTIFICATION FORM
Recipient Name and Address:Hawaii Police Department, 349 Kapiolani St. , Hilo HI 96720
Grant Title: Pu Malu Grant Number: 08 —GP -02
Award Amount: $33,002.00
Contact Person Name and Title: Harry S. Kubojiri, Chief of Police.
hone Number: (808) 961 -2244
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 forrn(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.
Q Recipient has Less than 50 employees, Q Recipient is an Indian tribe,
Q Recipient is a non - profit organization, Q Recipient is an educational institution, or
Q Recipient is a medical institution, Q Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title
Signature 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. Department of Justice, as required by relevant laws and regulations.
Print or type Name and Title
OMB Approval No. 1121 -0140 Expiration Date: 01/31/06
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:
349 Kapiolani Street
Street Address Street Address
Hilo, Hawaii 96720
City, State, Zip Code City, State, Zip Code
Hawaii
County
County
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department
AG /CPJAD #16 06/02
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 28, 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 Representative
Signature Date
Hawaii Police Department
Name of Organization
349 Kapiolani St., Hilo HI 96720
Address of Organization
OJP FORM 406111 (REV. 2169) Previous editions an obsolete.
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 (name of agency)
has non - discrimination complaint procedures which include:
(1) a coordinator who is responsible for overseeing the complaint process. The agency's
coordinator is:
Name
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.
(3)
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.)
(5)
a procedure to notify the Department of the Attorney General of the findings of the
investigation.
SUBMITTED BY:
Signature: Date:
Name:
Harry S. Kubojiri
(Head of Agency or Designee)
AG /CPJAD #30 6/2010
Title: Chief of Police