HomeMy WebLinkAboutRES 017 Draft 01 2012-2014 JMS�os
COUNTY OF HAWAII •:� �:• STATE OF HAWAII
'it;•N�,►
RESOLUTION NO. 17 13
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO
AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE
ATTORNEY GENERAL, PURSUANT TO HRS 46-7, FOR A GRANT TO
IMPROVE FORENSIC SCIENCE SERVICES FOR THE HAWAII COUNTY
POLICE DEPARTMENT
WHEREAS, the State of Hawaii Department of the Attorney General, Crime
Prevention and Justice Assistance Division has authorized funding to improve and
enhance the quality of its forensic science services for the Hawaii County Police
Department; and
WHEREAS, the funds will be used to provide training of laboratory personnel and
to purchase equipment to assist in gathering and processing forensic evidence; 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 HAWAI`I, in
accordance with section 46-7, Hawai'i 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 I", and related documents with the State
of Hawaii Department of the Attorney General, to enable the County to receive funding for
this grant to improve forensic science services.
BE IT FINALLY RESOLVED that the County Clerk of the County of Hawaii shall
transmit copies of this resolution to the Office of the Mayor, the Finance Department,
and the Hawaii County Police Department.
Dated at Hilo , Hawaii, this 9th day of January , 2013.
INTRODUCED BY:
---7qin ii-----:,. ----) . /y ,/
7(:1 "f,e_-'<___/1,.- _ 71-k-Q--/2-a" ."--j)
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawai`i on January 9, 2013
KERN X
ONISHI X
ATTEST: POINDEXTER X
WILLS X
YOSHIMOTO X
I 9 0 0 0
IReference: C-20/FG6
COUNTY CLERK CHAIRPERSON &PRESIDING OFFICER RESOLUTION NO. 17 13
Exhibit "I"
Project Number 12-CD-02
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of October 1, 2012, by and
between the Department of the Attorney General, State of Hawaii,
hereinafter called "Agency", by and through the Attorney
General, and Hawaii Police Department, hereinafter called
"Grantee" .
WITNESSETH
WHEREAS, Public Law 106-561, the Paul Coverdell
National Forensic Sciences Improvement Act, as amended,
authorizes funding to improve the quality, timeliness, and
credibility of forensic science services for criminal justice
purposes;
WHEREAS, award amounts are pre-determined according to
the allocation criteria set forth in 42 U. S . C. §37971, section
2803 (a) ;
1 (10/2011)
WHEREAS, the Department of the Attorney General, as
the designated State Administrating Agency, applied for and
was awarded funds under the Act;
WHEREAS, Grantee is qualified to receive funds
available to Hawaii under the Act and its respective
implementing regulations, contained in the Paul Coverdell
Forensic Science Improvement grant announcement, and 28 C. F. R.
Chapter 1, Part 66, and has applied to Agency for receipt of the
same as a subgrantee;
WHEREAS, Agency has reviewed Grantee ' s application for
funds, and is satisfied that all of the requirements of the Act
and its respective implementing regulations have been satisfied
and that Grantee is capable of using the federal funds requested
appropriately;
WHEREAS, Grantee has demonstrated the capacity to
provide the services, programs and activities described herein
and is ready, willing and able to provide the required services,
programs and activities;
NOW THEREFORE, Agency and Grantee for and in
consideration of the covenants, conditions, agreements, and
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 October 1, 2012 to and including September 30, 2013 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 5 .
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 Twenty Six
Thousand, Forty-Eight and 00/100 dollars ($26, 048 . 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 "A" .
Modifications, alterations or changes to the period during which
this Contract is in effect may be requested in writing by
Grantee or Agency, up to forty-five (45) days before the
Contract would otherwise terminate, and shall be effective as of
the date approved by the Administrator of the Crime Prevention
and Justice Assistance Division (if requested by Grantee) or
Grantee (if requested by Agency) and made by attaching
a party' s written request with the other party' s written
approval thereon to this Contract . No oral modification,
alteration, amendment, change, or extension of any term,
provision or condition of this Contract shall be permitted.
M. CONFLICT OF INTEREST .
Grantee represents that it presently has no
interest and promises that it shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree
with the performance of the services under this Contract .
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
21 (10/2011)
exhibits to this Contract . Any such exhibit shall be attached
hereto and thereby incorporated herein.
22 (10/2011)
IN WITNESS WHEREOF, the parties hereto have executed
this Contract .
DEPARTMENT OF THE ATTORNEY GENERAL
APPROVED AS TO FORM: STATE OF HAWAII, ( "AGENCY" )
By
Deputy Attorney General, State of Hawaii
Print Name David M. Louie
Its Attorney General
Date
HAWAII POLICE DEPARTMENT
( "GRANTEE" )
By
Print Name
Title Mayor
Date
APPROVED AS TO FORM
AND LEGALITY:
Name
Title Corporation Counsel
Date
APPROVAL RECOMMENDED:
By
Name
Title Chief of Police
Date
23 (10/2011)
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
235 South Beretania Street, Ste., 401
Honolulu, Hawaii 96813
APPLICATION FOR GRANT
PART I. TITLE PAGE
A. PROJECT TITLE: Basic Needs to Improve Forensic Services in Hawaii County
B. APPLICANT AGENCY: Hawaii Police Department
C. ADDRESS: 349 Kapiolani Street, Hilo HI 96720
D. LOCATION OF PROJECT: 349 Kapiolani Street, Hilo HI 96720
E. PROJECT PERIOD: From October 1, 2012 To September 30, 2013
F. AUTHORIZING GRANT: FY 2012 Paul Coverdell Forensic Sciences Improvement Act
G. TYPE OF AWARD: New ® Continuation
H. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 100% $26,048.00
Agency Match
TOTAL 100% $26,048.00
I. PROJECT DIRECTOR
Name: Kathy Pung Title: Lab Supervisor/ Criminalist III E-Mail: kpung a,co.hawaii.hi.us
Address: 349 Kapiolani Street. Hilo HI 96720 Telephone: 808-961-8814 FAX: 808-961-8886
J. FINANCIAL OFFICER
Name: Nori Ishii Title: Accountant V Email: nishiico.hawaii.hi.us
Address: 349 Kapiolani Street, Hilo HI 96720 Telephone: 808-961-2273 FAX: 808-961-2390
FOR CPJAD USE
Date / - '
received: Project Number: G°
Exhibit A
PART II. PROGRAM DESCRIPTION
A. PROGRAM NARRATIVE
The Hawaii Police Department Crime Laboratory was established in 1977 to
provide scientific support for criminal investigations and further assist outside agencies
such as the County's Department of Liquor Control, the State Department of Land and
Natural Resources, and the Federal Drug Enforcement Agency. The majority of cases
handled by the laboratory involve the testing of illicit drugs. The laboratory also
conducts latent print examination and development, serial number restorations, and
firearms test-fire for operability. The HiPD Crime Laboratory has two areas of operation:
Area I Operations which includes East Hawaii, comparable to the combined land area of
Oahu and Maui; and Area II Operations which includes West Hawaii, comparable to the
combined land areas of Oahu, Maui, and Kauai.
Objectives
The HiPD Crime Lab proposes to use FY 2012 Coverdell grant funds to improve
and enhance the quality of its forensic science services. Objectives are as follows: 1) to
fulfill the HiPD's commitment to laboratory personnel professional development by
providing training opportunities to further develop their forensic abilities and maintain
certification, and 2)to increase the laboratory's forensic abilities quality of
investigations/crime scene processing.
Objective 1:
HiPD relies heavily on grant funds for equipment and training. Department
training funds are extremely limited. Laboratory personnel are currently restricted to
attending local training opportunities brought in by other agencies, which are rare, and
training funds are needed for personnel to attend laboratory accreditation courses and
continuing education opportunities. Laboratory personnel and the forensic services they
provide in casework undergo close scrutiny by the judicial system, media, and the public
that they serve. The Criminalists and Evidence Specialists must be knowledgeable in
their discipline, and continuously pursue professional development to keep abreast of
updates and advances in their field. The ever evolving scientific knowledge and
technology, as well as new legislation, directly affect laboratory personnel and the
judicial system. Laboratory personnel must keep current with developments in their
forensic disciplines to effectively apply and defend the work that they do. Providing
efficient quality forensic services for our community entails maintaining a knowledgeable
and skilled staff, for this reason, a continuous training program for laboratory personnel
is required by professional certification providers and laboratory accrediting bodies.
Training opportunities that include scientific meetings, conferences, and workshops
enable laboratory personnel to establish and maintain a valuable network of professional
contacts and resources, and assists laboratory personnel in maintaining professional
certifications. Grant funds will be used to cover the costs of three training opportunities
including:
• Clandestine Laboratory of Investigating Chemists (CLIC) Annual Technical
Seminar.
The technical seminar provides updated information and safety concerns for drug
analysts. Forensic drug research, updated analytical techniques, manufacturing
methods, current/upcoming drug legislation, and emerging drugs trends seen
around the world, are shared in presentations by forensic scientists. Attendance at
the CLIC annual training seminar will increase the laboratory's personnel
•
knowledge in the analysis of designer drugs (clandestine lab produced drugs), and
assist in establishing a network of professional contacts for guidance and
consultation in future forensic drug casework.
• American Academy of Forensic Sciences (AAFS) Annual Meeting.
The Academy's annual scientific meeting presents the most current information,
research, and updates in the forensic sciences. Scientific papers, seminars,
workshops, discussions/debates, and a very large exhibit of assorted forensic
technology/supplies vendors are presented. The 2013 Annual Meeting theme
"The Forensic Sciences: Founded on Observation and Experience, Improved by
Education and Research" emphasizes the importance of continuing education and
training in the forensic sciences. Attendance at the AAFS annual meeting will
increase laboratory personnel's knowledge in updated methods, techniques, and
legal issues regarding drug analysis, latent prints, firearms, crime scene
processing, laboratory accreditation, personnel certification, and current concerns
of the other forensic disciplines that affect evidence/investigations.
• International Association of Identification (IAI) Annual International Education
Conference.
This conference provides laboratory personnel with updates on the latest
techniques and discoveries in forensic identification and crime detection.
Training, education and current scientific papers are presented in all forensic
science disciplines that are relevant to the Evidence Specialists crime scene
processing casework. This conference encourages the association of laboratory
personnel who are actively engaged in the profession of forensic identification,
investigation, and scientific examination of physical evidence.
Objective 2:
The problem of budget cuts and limited resources is exacerbated by the large
geographical area. The large land area requires more finances to provide physical
substations, mileage, electricity, etc. for basic law enforcement operations. The higher
cost of operations lowers the amount of funds available for equipment and training.
HiPD sworn and civilian personnel often opt to provide their own equipment such as
computers, laptops, printers, and cameras. Due to budgetary restrictions, no county
funds are available to purchase needed equipment. Other types of equipment that would
be used for crime scene processing and investigations are either shared between Area I
and II Operations (crime scene van and equipment, Evidence Specialists assistance), or
done without equipment. To improve the forensic services capabilities in Area II
Operations, grant funds are requested to purchase one 4' x 6' trailer to provide a secure
location to consolidate the crime scene processing equipment and ensure quick response
transportability. A portable generator, work lights, and extension cords will be used for
crime scenes and will increase night time crime scene processing capabilities. Having
this assigned unit in the trailer assigned to Area II Operations Criminal Investigations
will ensure continuous and quick availability. A laser trajectory kit is needed to
determine projectile paths/angles, and a metal detector is needed to expedite evidence
search/recovery, and a camera flash kit and ALS replacement filter goggles, head lamps,
portable printer with inverter, and six digital recorders will increase Area II Operations
crime scene processing capabilities and expedite criminal investigations. Two 12' x 12'
canopy tents, one netting set, one tent weight set, one 6' folding table, and four folding
chairs will increase Area II Operations crime scene processing capabilities by allowing
crime scene personnel to set up processing stations at remote crime scene locations. The
tented stations will ensure efficient evidence processing areas that provide some privacy
from spectators. Area II Operations Criminal Investigations Section does not currently
have any of the equipment noted above and on occasion, are forced to process less critical
crime scenes without the Evidence Specialists assistance or equipment. Night time and
early morning crime scenes could be safely secured with the generator, lights, etc. prior
to Evidence Specialists arriving on scene in Area II Operations (about a three hour
response time). Having the requested equipment available to them will improve and
expedite crime scene processing in Area II Operations Criminal Investigations.
Method to Achieve Objective 2:
Grant funds will be used to purchase updated and needed equipment related to
processing crime scenes and conducting investigations. The following items will be
purchased for evidence specialists use: one updated digital camera; two specialized flash
kits; one telephoto lens; one camera bag; one digital video recorder with case and cards;
one crime scene work light; one impulse heat sealer; one glue fuming wand kit; one post
mortem fingerprinting kit and cards; one folding crime scene cart; one 4x6 trailer for
crime scene equipment; one portable generator, work lights, extension cords; one laser
trajectory kit; one metal detector; two 12x12 canopy tents, tent netting, and tent weights;
one portable printer and inverter; one folding table and four chairs; four headlamps; six
digital recorders; and one Canon 50D flash kit and ALS filter goggles.
These items will ensure that each Evidence Specialist will have an updated
camera for crime scene documentation. The updated cameras shoot faster; have better
maximum light sensitivity, color depth, image quality, dynamic range, and other
upgraded qualities. The older model camera will be used as a backup. The Evidence
Specialists recently learned how this flash kit can improve forensic photography quality
at a recent joint Crime Scene Photography training hosted by the Honolulu Police
Department's Scientific Investigations Section. The specialty flash kits provide more
even lighting, better quality night photography lighting, and is wireless. A digital video
camera will ensure the continued quality and forensic capability of Evidence Specialists
crime scene processing. The Evidence Specialists currently borrow a personal digital
video camera on loan from the Lieutenant in the Criminal Investigations Section. An
impulse heat sealer will also improve the quality of arson evidence collection and
preservation by replacing an older model heat sealing device that is difficult to achieve a
secure seal with, and produces noxious potentially hazardous fumes. A glue fuming
wand kit greatly increases the speed at which the Evidence Specialists could examine and
develop latent fingerprints at crime scenes. The glue fuming wand focuses concentrated
cyanoacrylate fumes onto suspected areas and develops latent fingerprints at a much
faster rate than currently used conventional glue fuming techniques. The post mortem
fingerprinting kit, to be kept in the crime scene van will increase forensic service
capabilities at scenes and autopsies and ensure availability. A folding crime scene cart
will greatly increase the crime scene processing efficiency of the Evidence Specialists by
allowing them to consolidate trips to and from the crime scene van to transport
equipment, supplies, and evidence.
B. EXTERNAL INVESTIGATIONS
The Hawaii Police Department Crime Lab is a unit of a local law enforcement
agency, the Hawaii Police Department. The Hawaii Police Department has an Internal
Affairs division (IA) that reports directly to the Police Chief. The Police Chief reports
directly to the Hawaii County Mayor. The IA division has the authority to conduct
independent investigations into allegations of serious negligence or misconduct by HiPD
Crime Lab employees and contractors, completely free from influence or supervision
from laboratory management officials.
C. ACCEPTED LABORATORY PRACTICES AND PROCEDURES
The HiPD Crime Lab uses generally accepted laboratory practices and
procedures, established by accrediting organizations or appropriate certifying bodies.
HiPD Crime Lab is requesting Coverdell grant funds to attend trainings and purchase
needed equipment and supplies.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Project Director will be Kathy A. Pung, Lab Supervisor/Criminalist III. The
Financial Officer will be Nori A. Ishii, Accountant IV.
E. PERSONNEL
No new personnel will be hired. No overtime will be incurred.
F. BRIEF PERSONNEL BIOGRAPHIES
Brief biographies are provided for the personnel intending to attend forensic
training workshops, conferences, and/or scientific meetings.
Jennifer S. Minaai: Evidence Specialist I
Evidence Specialist Minaai has a B.A. in Biology from the University of Hawaii at Hilo.
She has been employed by the HiPD since 2008.
Lauren M. Wong: Evidence Specialist I
Evidence Specialist Wong has a B.S. degree in Medical Technology from Purdue
University. She has been employed by the HiPD since 2008.
Edward S.T. Oshiro: Criminalist II
Criminalist Oshiro has a B.S. degree in Chemistry from the University of Hawaii at
Manoa and employed by HiPD from 1985 as a Criminalist I, conducting mostly drug
analysis.
Brian N. Koge: Criminalist II/Laboratory Quality Manager
Criminalist Koge has a B.S. degree in Medical Technology from the University of
Hawaii at Manoa. He was employed by HiPD from 1990 to 1999 as a Criminalist I,
conducting mostly drug analysis. Criminalist Koge was rehired as a Criminalist II in
2008, and American Board of Criminalistics (ABC) recertified in 2010 as a Drug
Analyst.
Kathy A. Pung: Criminalist III/Laboratory Supervisor
Criminalist Pung has a B.A. in Chemistry from the University of Hawaii at Hilo, and a
M.S. degree in Forensic DNA & Serology from the University of Florida . Criminalist
Pung has been employed by HiPD since 2000 as a Criminalist 1, conducting mostly drug
analysis. and was promoted to Laboratory Supervisor/Criminalist III in 2007. Criminalist
Pung was American Board of Criminalistics (ABC) certified in 2008 as a Drug Analyst.
G. DESCRIPTION OF APPLICANT'S PLAN FOR THE COLLECTION OF
THE DATA REQUIRED FOR PERFORMANCE MEASURES
The Project Director will be responsible for collecting and maintaining all
stipulated performance indicators/outcome measures (including Coverdell grant specific
performance measures and data. Project specific measures determine whether project
goals and objectives have been met.
Stipulated Coverdell Grant Performance Measures
• The average number of days to process a sample at the beginning of the grant
period;
• Average number of days to process a sample at the end of the grant period;
• Number of backlogged cases at the beginning of the grant period;
• Number of backlogged cases at the end of the grant period;
• Number of forensic science personnel attending training;
• Number of medical examiner personnel attending training programs.
Project Specific Performance Indicators
1. Training received by forensic laboratory personnel.
a. The number of forensic personnel attending training programs;
b. Type of training attended;
c. How the training helped the laboratory;
d. Specific data on application of the training towards maintenance of
forensic certification.
1. Equipment purchased.
a. The number of crime scenes processes at night using equipment;
b. The number of investigations/crime scenes using equipment;
c. Specific data from HiPD and prosecutors on how equipment has improved
the quality of investigations/crime scene processing.
Plan for Data Collection of Performance Measures
For all activities funded by this grant project, the Project Director will document
and maintain an organized file. Semiannual progress reports and a final report will be
completed and submitted by the Project Director, along with any other applicable reports
and materials. Quarterly financial status reports will be completed and submitted by the
Financial Officer.
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL WORKSHEET
Hawaii Police Department
COST ELEMENT AMOUNT
A. PERSONNEL $ 0
B. FRINGE BENEFITS $ 0
C. TRAVEL: TRANSPORTATION AND SUBSISTENCE
Purpose of Travel Location Item Computation Cost
One to attend the Washington, Air Fare $1,300/round trip ticket x 1 $1,300
American Academy DC
of Forensic Sciences Per diem $145/day x 6 days x 1 $870
Annual Conference
Excess $100/day x 5 days x l $500
Lodging
Baggage $40/bag x 1 bag x 1 traveler $40
Airport/hotel $60/round trip $60
transportation
Subtotal $2,770
One to attend the Boston, MA Air Fare $1,300/round trip ticket x 1 $1,300
Clandestine
Laboratory Per diem $145/day x 7 days x 1 $1,015
Investigating Chemist
Annual Technical Excess $100/day x 6 days $600
Seminar Lodging
Baggage $40/bag x 1 bag x 1 traveler $40
Airport/hotel $60/round trip $60
transportation
Subtotal $3.015
International Providence, Air Fare $1,300/round trip ticket x 2 $2,600
Association of RI
Identification Per diem $145/day x 7 days x 2 $2,030
Excess $100/day x 6 days x 2 $1,200
Lodging
Baggage $40/bag x 1 bag x 2 $80
Airport/hotel $60/round trip x 2 $120
transportation
Subtotal $6,030
TOTAL TRAVEL COST $11,815
D. EQUIPMENT
4 x 6 trailer for crime scene equipment $ 3,750
TOTAL EQUIPMENT COST $ 3,750
E. SUPPLIES
Canon EOS 60D camera .$ 925
Canon Speedlite 600EX-RT camera flash kit (2) $ 1,200
Canon telephoto 100 mm lens .$ 600
Canon camera bag $ 28
digital video recorder/bag/cards .$ 455
crime scene work light $ 500
impulse heat sealer ..$ 150
glue fuming wand kit .$ 250
post mortem fingerprinting kit and cards ...$ 100
folding crime scene cart ..$ 200
portable generator, work lights, extension cords $ 1,700
laser trajectory kit $ 400
metal detector .$ 400
12 x 12 canopy tent (2) ..$ 330
canopy tent netting & weights $ 70
portable printer and inverter $ 200
6' folding table $ 75
folding chairs (4) $ 80
headlamps (4) ..$ 120
digital recorders (6) .$ 450
Canon 50D flash kit & ALS filter goggles .$ 250
TOTAL SUPPLIES COST $ 8A83
F. CONSTRUCTION ...$ 0
G. CONSULTANTS/CONTRACTS $ 0
H. OTHER COSTS
AAFS Annual Meeting .$ 500
CLIC Annual Technical Training Seminar $ 500
IAI Education (2) $ 1,000
TOTAL OTHER COSTS .$ 2,000
I. INDIRECT COSTS $ 0
TOTAL PROJECT COST ... ..$ 26,048
BUDGET NARRATIVE
A. PERSONNEL
N/A
B. FRINGE BENEFITS
N/A
C. TRANSPORTATION AND SUBSISTENCE
The travel costs are based on four crime lab personnel attending three mainland
trainings.
Total: $11,815
D. EQUIPMENT
4' x 6' trailer for crime scene equipment storage @ $3,750
Total: $3,750
E. SUPPLIES
1 Canon EOS 60D camera @ $925
2 Canon Speedlite 600EX-RT camera flash kits @ $1,200
1 Canon telephoto 100 mm lens @ $600
1 Canon camera bag @ $28
1 digital video recorder/bag/cards @ $455
1 crime scene work light @ $500
1 impulse heat sealer @ $150
1 glue fuming wand kit @ $250
1 post mortem fingerprinting kit and cards @ $100
1 folding crime scene cart @ $200
portable generator, work lights, extension cords @ $1,700
1 laser trajectory kit @ $400
1 metal detector @ $400
2 - 12 x 12 canopy tents @ $330
canopy tent netting & weights @ $70
portable printer and inverter @ $200
1- 6 foot folding table @ $75
4 folding chairs @ $80
4 headlamps @ $120
6 digital recorders @ $450
Canon 50D flash kit & ALS filter goggles @ $250
Total: $8,483
F. CONSTRUCTION
N/A
G. CONSULTANTS/CONTRACTS
N/A
H. OTHER COSTS
The costs entered under this category are approximate totals for the registration,
tuition, and or workshop fees associated with lab accreditation training.
Total: $2,000
I. INDIRECT COSTS
N/A
PROJECT TOTAL: $26,048
PART IV. ATTACHMENTS
(Certifications)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF CONDITIONS
The undersigned agrees, on behalf of the applicant agency, that:
1. This project, upon approval, shall constitute an official part of the Paul Coverdell Forensic Sciences
Improvement Grants("Coverdell grants")under part BB of Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. Sec. 3797).
2. Any grant awarded pursuant to this application shall be subject to and will be administered in
conformity with:
(a) general conditions applicable to administration of grants under Title VI, Subtitle C, Part E,
Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(b) conditions applicable to the fiscal administration of grants under Title VI, Subtitle C,Part E,
Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(c) any special conditions contained in the grant award; and
(d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division.
3. Any grant received as a result of this application may be terminated, or fund payment may be
discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial
failure to comply with the foregoing provisions,the application obligations or for non-availability of
funds.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#14 Coverdell 07/10
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS
PROGRAM SPECIAL CONDITIONS
The undersigned Grantee understands and agrees, on behalf of its agency that:
1. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
Grantee shall promptly refer to the U.S. Department of Justice (DOJ), Office of the
Inspector General (OIG) any credible evidence that a principal, employee, agent,
contractor, subgrantee, subcontractor, or other person has either 1) submitted a false
claim for funds under the False Claims Act; or 2) committed a criminal or civil violation
of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct
involving funds. Potential fraud, waste, abuse, or misconduct should be reported to the
OIG by:
Mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
E-mail: oig.hotline@_,,usdoj.gov
Hotline: (contact information in English and Spanish): (800) 869-4499, or
Hotline fax: (202) 616-9881.
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
2. General Accepted Laboratory Practices
The Grantee shall ensure that any forensic laboratory, forensic laboratory system,
medical examiner's office, or coroner's office that will receive any portion of the award
uses generally_accepted laboratory practices and procedures as established by accrediting
organizations or appropriate certifying bodies.
3. External Investigations
The Grantee shall ensure that the requirements of 42 U.S.C. section 3797k(4) (which
relate to independent external investigations into allegations of serious negligence or
misconduct by employees or contractors) are satisfied with respect to any forensic
AG/CPJAD#26 Coverdell 07/2010 1
laboratory system, medical examiner's office, coroner's office, law enforcement storage
facility, or medical facility in the State that will receive a portion of the grant amount.
The Grantee acknowledges, that, as stated in the solicitation for the FY 2009 Paul
Coverdell Forensic Science Improvement Grants Program, the National Institute of(NIJ)
assumes that Grantee (and sub-grantees) of Coverdell funds will make use of the process
referenced in their certification as to external investigations and will refer allegations of
serious negligence or misconduct substantially affecting the integrity of forensic results
to government entities with an appropriate process in place to conduct independent
external investigations, such as the government entity (or entities) identified in the grant
application.
4. Use of Fund
No Research. Funds provided under this award shall be used only for the purposes and
types of expenses set forth in the fiscal year 2009 announcement. Funds shall not be used
for general law enforcement functions or non-forensic investigatory functions, and shall
not be used for research or statistical projects or activities. Use of award funds for
construction of new facilities is restricted by statute. Any questions concerning this
provision should be directed to the CPJAD Criminal Justice Planning Specialist prior to
incurring the expense or commencing the activity in question.
The Grantee understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any laws,
regulation or policy, at any level of government, without the express prior written
approval of CPJAD.
5. Reporting Requirements and Performance Metrics
The Grantee shall comply with all reporting, data collection and evaluation requirements,
as prescribed by law and entailed by the NIJ in program guidance for the Coverdell
program. The Grantee shall also complete and submit both semi-annual progress reports
and final reports.
Semi-Annual Progress Reports
Grantees must utilize and complete the Progress Report Format Form, AG/CPJAD #20
(Coverdell), every six months following the calendar year. The progress reports are to
cover activities that the Grantee has completed and must include data on the following
Coverdell identified performance measures, as applicable:
Goal/Objective Performance Measures Data Grantee Provides
To improve the quality and Outcome Measure Average number of days to process a
timeliness of forensic 1. Percent reduction in the average sample at the beginning of the grant
services and to reduce the number of days from submission period.
number of backlogged cases of a sample to a forensic science
AG/CPJAD#26 Coverdell 07/2010 2
Goal/Objective Performance Measures Data Grantee Provides
in forensic laboratories. laboratory to the delivery of test Average number of days to process a
results to a requesting agency. sample at the end of the grant period.
2. Percent reduction in the number Number of backlogged cases at the
of backlogged forensic cases. beginning of the grant period.
Output Measure Number of backlogged cases at the
The number of forensic science or end of the grant period.
medical examiner personnel who
completed appropriate training or Number of forensic science
educational opportunities with personnel attending training.
Coverdell funds(if applicable to the
grant) Number of medical examiner
personnel attending training
programs.
The semi-annual reporting periods and due dates are:
January 1 through June 30 Due: July 15
July 1 through December 31 Due: January 15
Final Report
The Grantee agrees to submit a final report, at the end of this award, documenting all
relevant project activities during the entire period of support under this award. This report
will include the following: (1) a summary and assessment of the program carried out with
the fiscal year 2009 grant, which shall include a comparison of pre-grant and post-grant
forensic science capabilities (and shall cite the specific improvements in quality and/or
timeliness of forensic science or medical examiner services); (2)the average number of
days between submission of a sample to a forensic science laboratory or forensic science
laboratory system in that State operated by the State or by a unit of local government and
the delivery of test results to the requesting office or agency; and (3) an identification of
the number and type of cases currently accepted by the forensic science laboratory or
forensic science laboratory system. The Grantee is required to collect data necessary for
this report. This report is due no later than 30 days following the close of the award
period or the expiration of any extension periods.
The Grantee shall submit the following information as part of its final report: (1) the
number and nature of any allegations of serious negligence or misconduct substantially
affecting the integrity of forensic results received during the 12-month period of the
award; (2) information on the referrals of such allegations (e.g., the government entity or
entities to which referred, the date of referral); (3) the outcome of such referrals (if
known as of the date of the report); and (4) if any such allegations were not referred, the
reason(s) for the non-referral.
AG/CPJAD#26 Coverdell 07/2010 3
Should the project period for this award be extended, the recipient shall submit the above
information as to the first twelve months of the award as part of the first semi-annual
progress report that comes due after the conclusion of the first twelve months of the
project period, and shall submit the required information as to subsequent twelve-month
periods every twelve months thereafter (as part of a semi-annual progress report) until the
close of the award period, at which point the recipient shall submit the required
information as to any period not covered by prior reports as part of its final report.
The Grantee understands and agrees that funds may be withheld (including funds under
future awards), or other related requirements may be imposed, if the required information
is not submitted on a timely basis.
6. Press Releases
The Grantee shall transmit to the grant manager copies of all official grant-related press
releases at least thirty (30) working days prior to public release. Advance notice permits
time for coordination of release of information by CPJAD and NIJ where appropriate and
to respond to press or public inquiries.
7. Development and Use of Publications, curricula, training materials, etc.
To assist in information sharing, the Grantee shall provide the assigned CPJAD Criminal
Justice Planning Specialist with a copy of all interim and final reports and proposed
publications (including those prepared for conferences and other presentations) resulting
from this agreement. Submission of such materials prior to or simultaneous with their
public release aids CPJAD and NIJ in responding to any inquiries that may arise. Any
publications (written, visual, or sound) - excluding press releases and newsletters whether
published at the recipient's or government's expense, shall contain the following
statement:
"This project was supported by Award No. awarded by
the National Institute of Justice, Office of Justice Programs, U.S.
Department of Justice. The opinions, findings, and conclusions or
recommendations expressed in this publication/program/exhibition are
those of the author(s) and do not necessarily reflect those of the
Department of Justice or the Hawaii Department of the Attorney
General.-"
(*) Grantee should contact the assigned Specialist for the federal
grant number.
NIJ defines publications as any planned, written, visual or sound material substantively
based on the project, formally prepared by the award recipient for dissemination to the
public.
AG/CPJAD#26 Coverdell 07/2010 4
8. Assessments/Evaluations/Data Collection
The Grantee agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any activities within this project.
9. Copyrights
The Grantee acknowledges that the Office of Justice Programs reserves a royalty-free,
non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and
authorize others to use (in whole or in part, including in connection with derivative
works), for Federal purposes: (1) the copyright in any work developed under an award or
subaward; and (2) any rights of copyright to which a Grantee or Sub-Grantee purchases
ownership with Federal support.
The Grantee acknowledges that the Office of Justice Programs has the right to (1) obtain,
reproduce, publish, or otherwise use the data first produced under an award or subaward;
and (2) authorize others to receive, reproduce, publish, or otherwise use such data for
Federal purposes.
It is the responsibility of the Grantee (and of each subrecipient, if applicable) to ensure
that this condition is included in any subaward under this award.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#26 Coverdell 07/2010 5
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal funds that
would, in the absence of such federal aid, be made available for law enforcement, criminal justice,
and victim compensation and assistance activities.
SUBMITTED BY:
Signature: __ 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: Harty 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
Basic Needs to Improve Forensic Service in
Grant Title: Hawaii County Grant Number: Award Amount: $26,048.00
Contact Person Name and Title: Kathy Pung, Lab Supervisor Phone Number: (808 ) 961-8886
Federal regulations require recipients of financial assistance from the Office of Justice Programs(OJP), its component agencies,and the
Office of Community Oriented Policing Services (COPS)to prepare,maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients,according to the regulations,must prepare,maintain on file and implement an EEOP,but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B,not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant,ensuring that any EEOP recipient certifies as completed and on file(if applicable)has been
prepared within two years of the latest grant. Please send the completed form(s)to the Office for Civil Rights, Office of Justice Programs,
U.S.Department of Justice, 810 7`h Street,N.W.,Washington,D.C. 20531. For assistance in completing this form,please call(202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
apply.
❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe,
❑ Recipient is a non-profit organization, ❑ Recipient is an educational institution,or
❑ Recipient is a medical institution, ❑ 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 Signature Date
OMB Approval No. 1121-0140 Expiration Date: 12/31/12
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant Is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into.If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide Immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that Its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower.tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded,"as used In this clause,have the meanings set out In the Definitions and Coverage
sections of rules Implementing Executive Order 12549. •
5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed
covered transaction be entered into, it shall not knowingly enter Into any lower tier covered transaction
with a person who is debarred,suspended,declared Ineligible,or voluntarily excluded from participation
in this covered transaction, unless authorized by the department or agency with which this transaction
originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion—Lower Tier Covered Transactions," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from
the covered transaction,unless it knows that the certification is erroneous.A participant may decide the
method and frequency by which it determines the eligibility of its principals.Each participant may check
the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant Is not required to exceed that which is normally possessed by a prudent
person In the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into-a-lower tier covered transaction with a person who is
suspended,debarred,ineligible,or voluntary excluded from participation In this transaction, in addition
to other remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub-Recipient)
This certification Is required by the regulations Implementing Executive Order 12549, Debarment and
Suspension,28 CFR Part 67;Section 67.510, Participants'responsibilities.The regulations were published
as Part VII of the May 26, 1968 Federal Register(pages 19180-19211).
(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 Street, Hiro HI 96720
•
Address of Organization
OW FORM 408111(REV.21 2)Previous editions sr*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 Hawaii Police Department (name of agency) has non-discrimination
complaint procedures which include:
(1) a coordinator who is responsible for overseeing the complaint process. The agency's
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 Title: Chief of Police
(Head of Agency or Designee)
AG/CPJAD#30 6/2010