HomeMy WebLinkAboutCOM 0017.034 2018-2020 i
VOF ii
Harry Kim 4° �� '.'. Paul K. Ferreira
Magor f Police Chief
'i
Kenneth Bugado Jr.
Depury Police Chief
County of Hawai'i
POLICE DEPARTMENT
349 Kapiolani Street • Hilo,Hawai'i 96720-3998
(808)935-3311 Fax(808)961-8865
DATE: October 30, 2020
TO: AARON CHUNG, COUNCIL CHAIR AND
COUNCIL MEMBERS
VIA: KAY OSHIRO, CONTROLLER
1t
FROM: PAUL K. FERREI , POLICE CHIEF
RE: NOTIFICATION OF GRANT AWARD
COMPLIANCE WITH ORDINANCE NO. 18-68, SECTION 7(1)
Name of Grant Program: Project Safe Neighborhoods (PSN) Grant
Grantor: Department of the Attorney General, State of Hawaii
County Grantee Department or Agency: Hawaii County Police Department
Grant No. (IF KNOWN): 18-GP-01
Amount of Grant: $30,204.00
Amount of County Match: none
County Revenue & Expenditure Account Numbers: 010.201.5216.65:3309.91
Grant Period (Commencement & Completion): July 1, 2020 to June 30, 2021
Purpose of Grant: To test backlogged firearms
Is final report required by grantor? Yes ❑ No
Notification attached: Yes ❑ No, because
Comm. No. n N
Ref. To '
"Hawai`i County is an Equal Opportunity Provider and Employer" Ref. Date DEC —2 202n
DAVID Y.IGE CLARE:FCONNORS
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} � C t` '-€ DANA,t? VIOLA
STATE OF HAWAII
DEPARTMENT O THE ATTORNEY GENERAL
CRIME PREVENTION AND,JUSTICE ASSISTANCE DIVISION CGPDY
1808)S r'115�
g ... c
October 1 20N
The Honorable Paul Ferreira
C_'lrief of Police
1Iam aii Police l�ef�arrtn�erlt
349 Ka piolani Streit
IIID(. Hmvaii {)67?()
Darr C h of f cr•reirar:
FrIclosed please find the l't.allV QNeCtrtCd contract for the follo inn prgject:
Protect Number-: 18-CP-0 I
Protect Titic: Project Sats, Nci=ghbc�rrl oods (PSN') Grant
[IT( 'ect Period: Drr1y 1. 2020 to :lr,rne i() ?()?1
C total Prc-rject Cost:t: S 3)C3.204,CJti
You mai begin to request for Curlds for your Project by submitting ar completed Reqrrct;t for
I'mids and Cash Balance I orm (AGA"PMI.) brut 7) to our oflree, ll'you have any qcreStitrna;cit-
t,'.()rr.cel,r]4 re( ai.rdM2 the COntra.ct. please l:(?Malt SlIalc mull 1 ice at .`�i5sii:' �i1.i4,, I ?��:�tK�.11;l';z,s"sr...�°til ora'!
(808) S86-1 157.
We look lbr\yard to the implementation ol`tlais pro'lec .
Sincerely,
Julie l:barto
Administrator
l`.r1clOtiUre
( C,PJI,, D Fiscal Office
r '
AGREEMENT
by and between the
DEPARTMENT OF THE ATTORNEY GENERAL
and the
r
Hawaii Police Department
Relating to Project No. 18-GP-01
This Agreement ("Agreement") is effective as of July 1. 2020 ("Effective Date"), by and
between the Department of the Attorney General, State of Hawaii ("Agency") and the Hawaii
Police Department, whose business address is 349 Kapiolani Street. Hilo. Hawaii 96720
(`Grantee")(collectively,"the Parties").
RECITALS
WHEREAS, Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 34
U.S.C. ch. 101, et sec., as amended (hereinafter "Act"), was enacted to provide funding under
the Violent Gang and Gun Crime Reduction Program, also known as Project Safe
Neighborhoods to further the Department of Justice's mission and violent crime reduction
strategy by providing support to state, local, and tribal efforts to reduce violent crime, including
but not limited to, felonious firearm crimes and criminal gang violence;
WHEREAS, the United States Attorney for the District of Hawaii has designated the
Agency to serve as Hawaii's office for administering Hawaii's allocation of the FY 2018 Project
Safe Neighborhoods("PSN")Grant Program;
WHEREAS, Agency applied for PSN Funds in the form of a PSN award;
WHEREAS, on or about October 2, 2018, the Bureau of Justice Assistance ("BJA"),
which is a component of the Office of Justice Programs ("OJP"), U.S. Department of Justice
("DOT'),awarded Agency$146,006 in PSN Funds, Award No.2618-GP-BX-0010('Award");
WHEREAS, Grantee is qualified to receive funds available to the State under PSN and its
respective implementing regulations, contained in the Project Safe Neighborhoods Grant
Announcement, and 28 C.F.R. Chapter 1, Part 66, and submitted an application to Agency for
receipt of the same as a subgrantee,a copy of which is attached hereto as Exhibit"A";
WHEREAS, Agency has reviewed Grantee's application for funds, and is satisfied that
Grantee has demonstrated that it is ready, willing and able to perform the services described
herein,and that Grantee is capable of using the requested federal funds appropriately;and
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(FY 2018 PSN(County)Rev.04/2020)
WHEREAS. Agency is satisfied that the requirements of the Award have been met for
purposes ofentering into this Agreement.
AGREEMENT
NOW THEREFORE, the Parties, for and in consideration of the covenants, conditions,
agreements,and stipulations set forth herein, the receipt of which is hereby acknowledged,agree
as follows:
1. SCOPE OF SERVICES
Grantee shall, in a timely and satisfactory manner, as determined by Agency, and in
accordance with the terms and conditions of this Agreement, furnish all labor, materials, and
equipment necessary to satisfactorily perform the services (hereinafter, "Scope of Services")
described in Parts 11 and III of Exhibit"A,"attached hereto and incorporated by reference herein.
2. PROJECT PERIOD
Grantee shall perform the Scope of Services within the project period ("Project Period")
specified in Part I of Exhibit"A."
3. TERM OF AGREEMENT
The term ("Term") of this Agreement shall commence on the Effective Date and shall
terminate on the date Agency accepts the final financial reports (Request for Funds and Cash
Balance Report ("RFF") and Project Expenditures and Obligations Report ("PEO")) from
Grantee under this Agreement ("Termination Date"), unless sooner terminated as provided
herein or as otherwise agreed to in writing by the Parties.,
4. REIMBURSEMENT
(a) Subject to availability of funds, Grantee shall be reimbursed for all actual,
allowable, allocable, and reasonable costs it incurs in performing the Scope of Services under
this Agreement in an amount not-to-exceed thirty thousand two hundred four and 00/100 dollars
($30, 204.00)(hereinafter,"NTE Amount"). Grantee acknowledges and agrees that it will not be
reimbursed for any costs it incurs in excess of the NTE Amount in performing the Scope of
Services under this Agreement.
(b) Grantee acknowledges and agrees that Agency's obligation to reimburse Grantee
is subject to Agency's receipt of federal funds under the Award, and at no time shall this
Agreement be construed as an agreement to reimburse or compensate Grantee with funds other
than those which are received from the federal government. Grantee further acknowledges and
agrees that federal funds under this Agreement will be used to supplement, but not supplant,state
or local funds. Failure of Agency to receive anticipated federal funds shall not be considered a
breach by Agency or an excuse for nonperformance by Grantee.
2
(FY 2018 PSN(County)Rev.04/2020)
(c) In seekinp,reimbursement under this Agreement,Grantee shall submit to Agency:
(i) A monthly RFF for costs it incurs in performing the Scope of Services
under this Agreement within fifteen (15) calendar days after the end of
each calendar month. Grantee shall submit to Agency its final RFF
drawdown within thirty (30) calendar days after the end of the Project
Period; and
Grantee shall submit to Agency its final RFF within sixty (60) calendar
days after the end of the Project Period.
(ii) A quarterly PEO within fifteen (15) calendar days after the end of each
calendar quarter as follows.
(A) For the January I`through March 31"calendar quarter, the PEO is
due April 151h;
(B) For the April I'through June Mh calendar quarter, the PEO is due
July 15,h;
(C) For the July I" through September 301h calendar quarter, the PEO
is due October 151h; and
(D) For the October I` through December 31' calendar quarter, the
PEO is due January 15'h.
Grantee shall submit to Agency its final PEO within sixty (60) calendar
days after the end of the Project Period.
Grantee expressly acknowledges that non-adherence to the above deadlines may result in the
withholding of funds. Grantee shall continue to perform the Scope of Services during the period
that payment is being withheld.
(d) If Agency determines that a RFF or PEO requires clarification and/or revision,
Agency will notify Grantee and Grantee shall respond with the requested clarification and/or
revised RFF or PEO within the time specified by the Agency. Grantee expressly acknowledges
and agrees that Agency may withhold payment unless and until such time Agency determines
that Grantee has adequately responded to Agency's request for clarification and/or revision.
(e) All funds available for use under this Agreement shall be subject to the allotment
system as provided in Hawaii Revised Statutes Chapter 37.
(f) All payments shall be made in accordance with and subject to Hawaii Revised
Statutes Chapter 40.
3
(FY 2018 PSN(County)Rev.04/2020)
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(g) If, at any time after payment is issued to Grantee under this Agreement, Agency
determines that certain costs paid by Agency to Grantee were inappropriate or unallowable,
Agency may either require that Grantee return an equivalent amount of monies to Agency or
withhold an equivalent amount from any payments due and owing to Grantee.
(h) If, for any reason, Grantee is in possession of any funds provided to Grantee
under this Agreement which were not encumbered by Grantee during the Project Period, all such
funds shall be returned to Agency within ten (10) calendar days after the end of the Project
Period.
(i) If, for any reason, Grantee is in possession of any funds provided to Grantee
under this Agreement which Grantee encumbered during the Project Period, but which Grantee
did not disburse within sixty(60) days after the end of the Project Period, all such funds shall be
returned to Agency within ten(10)calendar days.
0) If, at any time during the Term,Agency determines that Grantee is not complying
with the conditions of this Agreement or satisfactorily fulfilling its obligations under this
Agreement, Agency may withhold payments due and owing to Grantee until such time Agency
reasonably determines that payment can be issued. Grantee shall continue to perform the Scope
of Services during the period that payment is being withheld.
5. CERTIFICATIONS
Prior to, or concurrently with the execution of this Agreement, Grantee shall execute and
submit to Agency the certifications attached hereto as Exhibit '`B"and incorporated by reference
herein. Grantee covenants that the representations made in the signed certifications are true at
the time this Agreement is executed and will remain true throughout the Term, including any
extensions thereof, and that Grantee shall fulfill any and all terms and conditions set forth
therein.
b. CONFIDENTIAL MATERIAL
Any information,data, report, record, summary, table, map,or study given to or prepared
or assembled by Grantee under this Agreement 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 4878, Hawaii
Revised Statutes as applicable.
4
(FY 2018 PSN(County)Rev.04/2020)
7. COPYRIGHT AND PATENT
The Agency shall have complete ownership of all material, both finished and unfinished,
which is developed, prepared, assembled, or conceived by the Grantee pursuant to this
Agreement, 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 Agreement 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.
To the extent that any material, summary, report, map, chart, graph, table, study, or other
documents, or discovery, invention, or development under this Agreement is not recognized as a
"work made for hire" as a matter of law, Grantee hereby assigns to the Agency any and all
copyrights in and to the material.
8. CONFLICT OF INTEREST
Grantee expressly represents that at the time this Agreement is executed, it presently has
no interest, either direct or indirect, that would conflict or adversely affect, in any manner or
degree, its ability to satisfactorily perform the Scope of Services under this Agreement. Grantee
covenants that this representation will remain true throughout the Term, including any extensions
thereof.
9. PROGRESS REPORTS
Grantee shall submit progress reports as required for PSN funds to Agency as required by
the Acceptance of PSN Special Conditions in Exhibit "B.- Grantee's obligation to submit
progress reports to Agency shall survive the expiration or termination of this Agreement.
10. COOPERATION WITH DATA COLLECTION; ASSESSMENTS
Grantee expressly acknowledges and agrees that, if requested by Agency, Grantee shall
cooperate with, participate in, and/or support any data collection efforts, assessments, or
information requests involving or relating to Grantee's performance of the Scope of Services
under this Agreement. Grantee's obligations under this section shall survive the expiration or
termination of this Agreement.
11. SUBCONTRACTING, ASSIGNMENT
Grantee shall not subcontract or assign any portion of the Scope of Services under this
Agreement without first obtaining the prior written approval of Agency. If Grantee obtains
Agency's approval to enter into a subcontract, Grantee shall ensure that the subcontract is in
writing signed by both parties, includes all required provisions, and that the term of the
subcontract does not exceed the Project Period of this Agreement. Grantee shall also ensure that
the subcontractor has complied with all applicable requirements and conditions before any funds
are disbursed to the subcontractor.
5
(FY 2018 PSN(County)Rev.04/2020)
12. INDEPENDENT CONTRACTOR
In the performance of the Scope of Services under this Agreement, Grantee shall be an
independent contractor with the authority to control and direct the performance and details of the
Scope of Services; however, Agency shall have a general right to inspect Grantee's work to
determine whether, in Agency's opinion, Grantee is performing the Scope of Services in
accordance with the terms and provisions of this Agreement. Grantee's employees and agents
are not employees or agents of the Agency by reason of this Agreement, and Grantee's
employees and agents shall not be entitled to claim or receive from Agency any vacation, sick
leave, retirement, or other benefits directly afforded to employees of Agency. Grantee shall be
responsible for the accuracy, completeness, and adequacy of Grantee's performance under this
Agreement. Grantee shall be responsible for payment of any federal, state,and county fees which
may become due and owing by reason of this Agreement, including but not limited to(i) income
taxes, (ii) employment related fees,assessments and taxes and(iii)general excise taxes. Grantee
shall also be responsible for obtaining any licenses, permits and certificates that may be required
in order to perform the Scope of Services under this Agreement.
13. INDEMNIFICATION
Grantee shall defend, indemnify, and hold harmless the State of Hawaii, Agency, and
their officers, agents, and employees from and against all liability, loss, actions, claims, suits,
damages, and costs or expenses (including attorneys' fees) arising out of, relating to,or resulting
from the acts or omissions of Grantee, its officers, employees, agents, subcontractors, and/or
subgrantees under this Agreement, provided, however, that this provision shall not apply if
Grantee is a State agency.
The County of Hawaii will indemnify the State of Hawaii, Agency, and their officers,
agents, and employees to the extent permitted by law, and it is understood that payment is
subject to approval by the county council/or city council,as the case may be.
The provisions of this section shall survive the expiration or termination of this
Agreement.
14. MODIFICATION OF CONTRACT
(a) Modification by Mutual Agreement. At any time during the Project Period of this
Agreement,the Parties may make modifications within the general scope of this Agreement by a
written amendment signed by both Parties.
(b) Unilateral Modification by Agency,. At any time during the Project Period, but no
later than 45 days prior to the end of the Project Period, the Administrator of the Crime
Prevention and Justice Assistance Division ("CPJA Administrator"), as the authorized designee
of the Attorney General, may issue a unilateral written project grant modification notice which
directs Grantee to make the following changes effective as of the date specified in the written
6
(FY 2018 PSN(County)Rev.04/2020)
notice, or if no date is specified, as of the date the written notice is approved (hereinafter,
"Modification Notice"):
(i) Changes in the Scope of Services within the scope of the Agreement;
(ii) Changes in the Project Period that do not alter the scope of the Agreement;
or
(iii) Changes in Project Director or Financial Officer.
All Modification Notices issued by the CPJA Administrator shall be incorporated in and made a
part of the Agreement. If the Parties agree that a Modification Notice increases or decreases
Grantee's cost of performance of the Scope of Services under this Agreement, an adjustment to
the NTE Amount shall be made by written amendment to the Agreement. If Grantee believes
that it is entitled to an adjustment of the NTE Amount as a result of a Modification Notice,
Grantee shall rite a written claim within fourteen (14) calendar days after receipt of the
Modification Notice or prior to final payment under this Agreement, whichever is shorter;
provided, however, that the CPJA Administrator may extend such period for filing. The
requirement for filing a timely written claim for an adjustment of the NTE Amount cannot be
waived and shall be a condition precedent to the assertion of a claim. Failure of the Parties to
agree to an adjustment of the NTE Amount shall not excuse Grantee from proceeding with the
Agreement as changed by the Modification Notice. The right of Grantee to dispute the NTE
Amount shall not be waived by its performance, provided Grantee timely Files a written claim.
15. TERMINATION FOR CAUSE; CONVENIENCE
(a) Termination for Cause. If Grantee breaches any of its promises or fails to
satisfactorily perform or fulfill its obligations under this Agreement, Agency may notify Grantee
in writing of Grantee's breach or nonperformance under this Agreement (hereinafter, "Notice of
Default"). If the breach or nonperformance is not cured within ten (10) calendar days of the
Notice of Default, or within some other time as may be specified by Agency, Agency may
terminate Grantee's right to proceed with this Agreement or portion thereof by providing
Grantee with a written notice of termination (hereinafter, -Notice of Termination for Cause").
The Notice of Termination for Cause shall be effective as of the date of such notice unless
otherwise specified. The Grantee shall continue perfon-nance of the Agreement to the extent it is
not terminated. Notwithstanding any other provisions to the contrary, Grantee shall not be
relieved of liability to Agency for damages sustained by Agency because of Grantee's breach or
nonperformance under this Agreement.
(b) Termination for Convenience. Agency may terminate this Agreement, in whole
or in part, at any time when the interests of the Agency so require by giving written notice of
such termination to Grantee(hereinafter, "Notice of Termination for Convenience'). The Notice
of Termination for Convenience shall be effective as of the date of such notice unless otherwise
specified. The Grantee shall continue performance of the Agreement to the extent it is not
terminated.
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(FY 2018 PSN(County)Rev.0412020)
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(c) Grantee shall be entitled to be reimbursed for all allowable, allocable, and
reasonable costs actually incurred up to and including the date of Grantee's receipt of the Notice
of Termination for Cause or Notice of Termination for Convenience, whichever is applicable.
Any costs incurred by Grantee after Grantee's receipt of such notice will be eligible for
reimbursement only if they represent unavoidable or reasonable wind-down costs as determined
by Agency in Agency's sole discretion.
(d) Notwithstanding the termination of this Agreement, and subject to any directions
from Agency, Grantee shall take all timely, reasonable steps necessary to protect and preserve
property in the possession of Grantee in which Agency has an interest.
(e) In the event of termination of this Agreement, all finished or unfinished
documents, reports, summaries, lists,charts,graphs, maps,or other written material developed or
prepared by Grantee under this Agreement shall, at the option of Agency, become Agency's
property and, together with all information, data, reports, records, maps, and other materials (if
any) provided to Grantee by Agency, shall be delivered and surrendered to Agency within such
time specified by Agency.
16. WAIVER
The failure of Agency to insist upon strict compliance with any term, provision, or
condition of this Agreement shall not constitute a waiver or relinquishment of Agency's right to
enforce the same in accordance with this Agreement. In the event Agency is determined to have
waived a term, provision, or condition of this Agreement, it is expressly understood and agreed
that such waiver shall not constitute a waiver or relinquishment of Agency's right to enforce the
same as to any other or further violation.
17. DISPUTES
Any dispute arising under this Agreement which is not disposed of by mutual agreement
of the Parties 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 Agreement unless otherwise directed by Agency.
18. GOVERNING LAW
The validity of this Agreement and any of its terns or provisions, as well as the rights
and duties of the Parties to this Agreement, shall be governed by the laws of the State of Hawaii.
Any action at law or in equity to enforce or interpret the provisions of this Agreement shall be
brought in a state court of competent jurisdiction in Honolulu, Hawaii.
8
(FY 2018 PSN(County)Rev.04/2020)
19. SEVERABILITY
Should ally Provision of this Agreement be held to he invalid or MlCllt�)rceablc by its
terms, that provision shall first be applied \vith I lilllitCd 1-011-StRiCti(111, SO as tO 16-ve, it the
maximum effect permitted by lawShould it be held, ilistea(l, that the provision is utterly, invalid
or w tie!"forceablc, Such provision ,hall bt:deemed severable from this Agreement,
M F.Nnw',AGRE EINVIENIT
'I'his Avreernent sets iorih all (it'the agreellIClItS. CollditiMlS, Understandings, promises,
\i,arrantie,, and,representations between Ai!encv and Grantee relative to this A!-,regiment. This
Agreement supersedes all prior agreements, conditions, understandings. promises, wtirrantics,
and representations, which shall have no further ficirce (It-effect.
21. AUTHORrry TO ENTER INTO ACREENJENT
Fach Party represents and N\arronts w the other that it is duly authorized to enter into this
Aoreeincrit,and to fully perform its obligations hereunder,
21 COUNTEIRPARTS
'Ehis Agreement may be executed in caitrnterpaarts, each (it' which shall be deemed all
orifi) nal, and all such C01.111tCrparts shall togethcr constitute one ,incl the same agreement.
IN WITNESS \VI JERF10F, the Parties hereto haN e executed this Agreement as of the
I"Iftective Date.
ATTORNEY GENFIRAL
A 1) W
AS TO l't. R�%zl:
Deputy Attorney General y- ar, Dana 0. Viola
lts: rtaai t i First Deputy Attorney General
Date:
9
(1-')' 20 18 PSN (Courity) Rev0,1(2020)
I1 ',WAIC 1 OLICI:i 1)I C'riRTNIL"NT
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CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
235 South Beretania Street, Suite 401
Honolulu, Hawaii 96813
APPLICATION FOR FY 2018 PROJECT SAFE NEIGHBORHOODS(PSN)GRANT
PART I. TITLE PAGE
A. PROJECT TITLE: PROJECT SAFE NEIGHBORHOODS(PSN)GRANT
B. APPLICANT AGENCY: HAWAII POLICE DEPARTMENT
SYSTEM FOR AWARD MANAGEMENT(SAM)
C. REGISTRATION: N Yes 0 No DUNS No. 613154335
D. ADDRESS: 349 KAPIOLANI STREET _ City HILO — Zip 96720
E. LOCATION OF PROJECT: 349 KAPIOLANI STREET,HILO,HAWAII 96720
F. PROJECT PERIOD: From IH.111,2020 To June 30'2021
G. TOTAL PROJECT AMOUNT; S 30,204
H. OTHER FUNDING SOURCES:
Is the proposed project seeking other sources of funding?Yes [] No [K If M then provide name of
source and the amount of funds that is being sought: Source Amount S_
I. PERFORMANCE MEASURES:
The applicant agrees to comply with all reporting,data collection and evaluation requirements,as prescribed
by the Department of the Attorney General and the Bureau of Justice Assistance.Yes® No El
J. PROJECT DIRECTOR
Name: –RIO AMON-WILKINS Title: POLICE LIEUTENANT
Address: 349 KAPIOLANI STREET,HILO,HAWAII 96720
Telephone (808)961-2252
E-Mail: –rio.amon-wilkins(iDhawaiicounty.gov
K. FINANCIAL OFFICER
Name: –KELSIE KAILIULI Title: ACCOUNTANT III
Address: 349 KAPIOLANI STREET,HILO,HAWAII 96720
Telephone: (808)961-2274
E-Mail: kelsie.kailiuli@,hawaiicounty.gov
FOR CPJAD USE
Date received: March 6,2020 Project Number: t8-GP-01
EXHIBIT A
AGICHAD 0 1 PSN(Rev Ra0l 9)
APPLICATION FOR FY 2018
PROJECT SAFE NEIGHBORHOODS(PSN) GRANT
PART II. DESCRIPTION OF PROJECT
Note:This form does not provide spell check.
A. THE PROBLEM
The island of Hawai'i (1-iawai'i County) has an estimated population of 200,983 residents (July 1, 2018).
The island is 4,028 square miles in area and geographically is the largest county in the State of Hawaii.
Local law enforcement for the four counties in the State of Hawaii is primarily attributed to County Police
Departments: Hawaii County, Kaua'i County, Maui County, and Honolulu County.
FBI Uniform Crime Report (2016)determined that firearms were involved in 16% of robberies and 54%
of homicides,and there is a violent crime rate of 309 incidents per 100,000 inhabitants for the State.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, (ATF) eTraee database reflects 180 firearms
traced in Hawai'i in 2018. This number does not accurately reflect the amount of firearms recovered by
law enforcement in Hawaii.It is not mandatory for local agencies to trace recovered firearms,and the local
agencies utilize the State's firearm registration system to trace firearms to the most recent owner.
The Hawai'i Police Department has an estimated 3,000 firearms in evidence. Some of these firearms have
been identified as being used in the commission of a crime; however, many of them have not been tested
so therefore it is not known if they have been used in a crime(s).This backlog is a result of an accumulation
of firearms recovered over the years,from various types of crimes.Firearms have typically only been tested
for operability and if there is confirmation that the firearm was used in the commission of a separate
offense.
By test firing the current backlog of guns, and submitting the results into NIBIN, countless crimes could
potentially be solved which in turn will result in dangerous criminals being brought to justice.
There are approximately 156 Federal, State,and local National Integrated Ballistics Information Network
(NIBIN)sites around the country.These sites include NIBIN partners at Federal, State,and local agencies,
and NIBIN Branch personnel at the three ATF Forensic Science Laboratories(FSLs),as well as the NIBIN
National Correlation and Training Center(NNCTC) located in Huntsville, Alabama.
All NIBIN sites use Integrated Ballistic Identification System (IBIS) technology to search ballistic
information in an automated environment and provide links between firearms related violent crimes and
recovered firearms. When used during an investigation,NIBIN can help solve violent crimes and identify
shooters before they offend again.NIBIN's mission is to reduce firearms violence by identifying,targeting
and investigating shooters. This mission may only be accomplished through the submission to NIBIN of
cartridge casings obtained from test firing firearms.
NIBIN is not utilized by local law enforcement in Hawai'i. Firearms and cartridge casings found at crime
scenes by local law enforcement are not required to be entered into NIBIN by any law enforcement agency.
Cartridge casings are rarely collected and submitted to NIBIN when discovered at crime scenes where
there isn't a victim present,such as, shootings resulting in a homicide.
AG/CPJAD a 1(b)PSN(Rev 712019) Page I
Approximately 10 years ago, ATF-owned BrassTra-c and MalchPoint machines were removed from the
Honolulu Police Department Laboratory due to underutilization by all four counties comprising the State
of Hawaii.
B. GOALS AND OBJECTIVES
The Hawaii Police Department has an estimated 3,000 firearms in evidence. The overall goal of this
project is to test-fire all applicable firearms currently in police evidence in order to eliminate the current
backlog.
Objective 1:Increase the number of Firearms sorted each month by reviewing 250 firearms in evidence and
determine if they are applicable to this project. If they are determined to be applicable, then they will be
lest-fired and the cartridge casings mill be submitted to NIBIN.
Objective 2: At the end of the 12-month period all estimated 3,000 firearms will be observed and those
meeting the criteria for this project will be tested.
It is difficult to determine at this time how many crimes could potentially be solved as a result of this
project,due in part to the fact that it is not clearly known how many of the estimated 3,000 firearms meet
the requirement to be test-fired and submitted into NIBIN, and then subsequently how many of the ones
that do meet the requirements can be linked to a suspect(s)and/or crime(s).
The Hawai'i Police Department currently has an MOU with The Bureau of Alcohol, Tobacco, Firearms
and Explosives(ATF)that will cover the activities of this project(see attachment).
Baseline:
The ATF Honolulu Field Office will offer a program where ATF will periodically pay to have casings
from the Hawai'i Police Department (HPD) sent to the ATF laboratory in Walnut Creek, California, for
entry into NIBIN. The program will set a timeframe in which ATF will pay for the shipments to the ATF
laboratory. The HPD will work with ATF to test fire applicable firearms in their evidence vault and then
alter their policies to direct the collection and submission of all cartridge casings from future crime scenes
and test fire newly seized firearms.
Stakeholders:
The HPD has been identified by the ATF Honolulu Field Office as a stakeholder for NIBIN implementation
in Hawai'i. HPD has expressed interest in becoming an active participant of NIBIN and is working with
the Honolulu Field Office to begin implementation of NIBIN best practices. The ATF is committed to
focus resources when needed to HPD to assist local NIBIN investigations and further develop the
relationship with HPD. The United States Attorney Office, District of Hawai'i, supports the NIBIN
program and is interested in a stakeholder position.
ATF:
The HPD has communicated their needs with the ATF Resident Agent in Charge,Honolulu Field Division,
who provided that Special Agent's will assist NIBIN lead investigations with HPD when they begin to
appear. ATF Field Division Experts will support the ATF Honolulu Field Office as the NIBIN program
grows throughout the county and the state, and will be available as a resource when needed.
AG/CPJAD#1(b)PS%(Rtv 7/2019) Page 2
The longterm goal of this grant is to initiate the submission of a large number of test-fired cartridge casings
from firearms in HPD's evidence vault to NIBIN for the purpose of identifying firearms currently seized
which may have been used in gun crimes.This will provide law enforcement with a snapshot of the firearm-
related crime in the County,and help determine the necessity for a permanent NIBIN machine located in
the State.As NIBIN is intended to be a nation-wide network,the ultimate goal is to obtain a machine which
will be permanently placed in the State. At this time, it is unlikely ATF will purchase a machine for the
State due to the relatively low quantity of firearms submitted for NIBIN entry. To aid in obtaining a
machine, it has been suggested that the County submit firearms for NIBIN entry.
C. PROJECT ACTIVITIES
In general,NIBIN test firing will be mandatory for all semi-automatic pistols including .22 caliber,semi-
automatic rifles, 12 gauge shotguns and long guns that use handgun ammunition.There may be exceptions
to a firearm's submission based on the most prevalent calibers in shooting crimes in an area. Discretion for
entry of these firearms is based on local policies and changing criminal patterns. Firearms that are not
typically test fired include revolvers, single shot or bolt action rifles, shotguns in other gauges, weapons
never fired,or firearms deemed unsafe, inoperable,or incomplete. In these instances,the submitting field
office will contact the ATF for direction.
• Timeline:
o Months 1-2:Assign personnel to project;sort through the estimated 3,000 firearm packages
in evidence and determine amount that meet the criteria for this project.
o Months 3-5:Test-fire 10-15%of eligible firearms each month and submit the casings to the
ATF Honolulu Field Office for submission into NIBIN.
o Months 6-8:Test-fire 10-15%of eligible firearms each month and submit the casings to the
ATF Honolulu Field Off-ice for submission into NIBIN.
o Months 9-11: Test-fire 10-15% of eligible firearms each month and submit the casings to
the ATF Honolulu Field Office for submission into NIBIN.
o Month 12: Test-fire any remaining eligible firearms, submit the casings to the ATF
Honolulu Field Office for submission into NIBIN, and complete final reporting
requirements.
Test Firing Protocol:
• Test Fire each Firearm twice with unaltered,complete, live rounds procured with grant funds.
• Complete and attach necessary submission documents provided to HPD by ATE
• Using empty primed cartridge cases is not allowed because the pressure created is insufficient to
produce tool mark characteristics suitable for a NIBIN comparison.
• Lead-free and conventional are acceptable types of ammunition for test fires.
The HPD will utilize the ATF Honolulu Field Office to assist in the submission of their cartridge casings
to ATF for submission into NIBIN. These submissions will occur in batches as the firearms are test fired.
When ballistic information, test fires and firearms are submitted to the NIBIN Branch, the ATF is
AGICHAD#1(b)PSN(Rev 7/2019) Page 3
responsible for notifying all other affected groups of NIBIN results, such as the submitting agency and the
affected ATF Crime Gun Intelligence group.The submitter is responsible for follow up and/or forwarding
the exhibits to a firearms examiner for microscopic comparison for final confirmation,if necessary.NIBIN
submissions may result in a Lead, Hit or Negative-No Lead developed.
NIBIN Lead:
This is identified as a high probability match; however it has not been confirmed by microscopic
comparison by a firearms examiner.NIBIN Leads shall be used for investigative purposes only.A NIBIN
Lead shall not be used as a basis for a search or arrest warrant on its own. Investigators should request that
a firearms examiner confirm the hit via microscopic comparison to confirm that it is in fact a NIBIN Hit if
necessary for the establishment of probable cause. For cross Jurisdiction ballistic evidence examinations,
the law enforcement agency/FSL in custody of the fired ammunition components should request the test
fire from the law enforcement agency/FSL in custody of the firearm;and once examinations are received,
complete the microscopic comparison for the final confirmation.
NIBIN Hit:
This is a confirmed match validated through physical examination of the ballistic information under a
comparative microscopic review by a firearm examiner and therefore sufficient for the establishment of
probable cause or other court related affidavits.
Special Agents and Task Force Officers (TFOs) should investigate NIBIN Hits and/or NIBIN Leads by
using any applicable investigative techniques to ensure proper follow-up in accordance with the four
critical steps. The following procedures (or equivalent variation) shall be followed when ATF or TFO
personnel are provided a NIBIN Lead or NIBIN Hit:
• Contact the law enforcement official at the department or agency who is assigned to the associated
case(s)and advise them of the NIBIN link(s).
The Hawai'i Police Department will utilize these requested grant funds to focus efforts in test firing existing
firearms in the evidence inventory and submitting casings to the ATF for entry into NIBIN. This will help
establish the NIBIN program in the State of Hawai'i in showing true crime gun statistics for Hawai'i
County.
D. PROJECT ORGANIZATION AND MANAGEMENT
Project Director Lieutenant Rio Amon-Wilkins, Area I Criminal Investigation Section, reports directly to
Captain Gregory Esteban,Area I Criminal Investigation Division Commander. Lieutenant Amon-Wilkins
is responsible for project documentation and data collection.The Projector Director will communicate with
all personnel involved and will coordinate activities to accomplish the goals, objectives, and project
activities.
The Finance Division of the Hawai'i Police Department will assist with the fiscal management of this
project.
E. PERSONNEL
This project will be under the direct management of the Project Director, Lieutenant Rio Amon-Wilkins,
Area I Criminal Investigation Section.
AG/CPJAD NI(b)PSN(Res•7/2019) Page 4
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• Personnel assigned to this project shall be current members of the Hawaii Police Departmant
Criminal Investigation Section, and must be qualified to carry and/or possess firearms or
ammunition in accordance with state and federal laws, e.g., no misdemeanor or felony domestic
violence conviction.
F. BRIEF PERSONNEL BIOGRAPHIES
Rio Amon-Wilkins. Police Lieutenant, Area I Criminal Investigation Section,has worked for the Hawaii
Police Department for over 20 years. He has worked as a patrol officer, Criminal Investigation Section
Detective, Accreditation (CALEA) Section Sergeant, Office of Professional Standards Detective,
Lieutenant of the Area 11 Juvenile Aid Section, South Hilo Patrol Watch Commander,and currently as the
Lieutenant of the Area I Criminal Investigation Section. In his current position, he is responsible for the
overall planning, directing, and coordinating of overall operations and activities of the Area I Criminal
Investigation Section(East Hawai°i).
G. PARTICIPATING AGENCIES
The Bureau of Alcohol,Tobacco, Firearms and Explosives(ATF).
• A copy of the MOU between the Hawaii Police Department and the Bureau of Alcohol,Tobacco,
Firearms and Explosives(ATF) is attached.
H. PERFORMANCE INDICATORS/OUTCOME MEASURES
The Project Director will be responsible for collecting and maintaining all stipulated project performance
indicators/outcome, The project-specific measures will determine whether project goals and objectives
have been met.
The following performance indicators will be used to determine the success of the project:
• The total number of firearms in police evidence not test-fired at the start of the contract period.
• The total number of firearms in police evidence test-fired twice with unaltered,complete,live
rounds,at the end of the contract period.
o This data will be recorded and reported every month throughout the 12-month contract
period.This will allow for the verification of progress being made on the project.
• The total number of firearms in police evidence tested under this award and percent in reduction
made during the grant period.
o This data will be recorded and reported every 3 months throughout the 12-month contract
period.This will allow for the verification of progress being made on the project.
• The number of cartridge casings submitted to ATF for submission into NIB IN.
AGICHAD#1(b)PSN(Rev 712019) Page 5
o This data will be recorded and reported every 3 months throughout the 12-month contract
period. This will allow for the verification of progress being made on the project.
1. SUSTAINABILITY PLAN
Firearm identification can play an invaluable role in law enforcement investigations and in combating
overall violent crime. It can be used to identify weapons used in the commission of a crime(s),and by the
same token, it can be used to eliminate weapons not utilized. Firearm identification is vital to ensuring
accuracy and fairness in the criminal justice system.
One of the biggest obstacles facing the criminal justice system today is the substantial backlog of firearms
that have not been test-fired and the resulting lack of cartridge casings submitted to the ATF for submission
into NIBIN. These backlogs are in part due to the result of limited resources and overwhelming case
demands.
Timely results are crucial in improving the law enforcement system and reducing violent crime in our
communities.
Once the untested firearm backlog is addressed, the Hawaii Police Department shall ensure the testing of
applicable firearms recovered is completed in a timely manner to prevent the backlog from recurring.This
will be accomplished through change in department policy that shall require all firearms recovered, that
meet the criteria to be input into NIBIN, be test-fired as part of the preliminary investigation, and prior to
transfer to the custody of the department Evidence Custodians.
AGICPJAD#1(6)PSN(Rev 7/2019) Page 6
ME MORANDUM OF UNDERSTANDING
BETWEEN
THE BUREAU OF ALCOHOL,TOBACCO,FIREARMS AND EXPLOSIVES(ATF)
And
HAWAII COUNTY POLICE DEPARTMENT
This Memorandum of Understanding("MOU") is entered into by and between the Bureau of
Alcohol,Tobacco, Firearms and Explosives("ATF")and Hawaii County Police Department
("HPD")("participating agency")as it relates to the Violent Street Crimes Task Force(herein
referred to as the"Task Force").
BACKGROUND
4 This Task Force is created to combat violent crime in the County of Hawai'i, Hawaii.
There have been numerous violent and firearm-related crimes occurring within the
County of Hawaii,Hawai'i and ATF will combine resources with HPD to coordinate
efforts in investigating and prosecuting violent and firearm-related crimes.
AUTHORITIES
Offenses investigated and enforced pursuant to this MOU are those falling within ATF's
jurisdiction, including 28 U.S.C. §599A;27 CFR Pan 0, Subpart W; 18 U.S.C. §§ 921 et.seq.;
26 U.S.C. H 5861 ct.sen.; and 18 U.S.C. § 3051.
v Additionally, violations of the Hawaii Revised Statutes,addressing firearms and violent
crime will be pursued
PURPOSE
The Task Force will perform the activities and duties described below;
a. investigate firearms trafficking
b. Investigate firearms related violent crime
e. Investigate drug trafficking organizations who utilize firearms in furtherance of
trafficking drugs
d. Conduct undercover operations and utilize confidential informants,where
appropriate,and engage in other traditional methods of investigation in order that
the Task Force's activities will result in effective prosecution before the courts of
ATF ILEO Task Force MOU Page 1
Wa)
the United States and the State of Hawai'i
MEASUREMENT OF SUCCESS
The success of this initiative will be measured by the participating agencies willingness to share
certain information for measuring the success of the task force as well as its performance(i.e
crime statistics).
• Reduce the risk to public safety caused by the criminal possession and use of a firearm.
o Reduce the risk to public safety caused by criminal organizations and gangs. The Task
Force will utilize information obtained from HPD and HIDTA to determine the number
of defendants charged with firearm related offenses,the number of defendants referred
for firearm related offenses and the number of firearms removed from the community.
PHYSICAL LOCATION
Officers assigned to this Task Force by their employer shall be referred to as Task Force Officers
("TFOs").TFOs will be assigned to the ATF Honolulu Field Office and will be located at the
Hawai'i County Police Department.
SUPERVISION AND CONTROL
The day-to-day supervision and administrative control of TFOs will be the mutual responsibility
of the participants, with the ATF Special Agent in Charge or his/her designee having operational
control over all operations related to this Task Force.
Each TFO,shall remain subject to their respective agencies'policies, and shall report to their
respective agencies regarding matters unrelated to this agreementlTask Force. With regard
to matters related to the Task Force,TFOs will be subject to Federal law and DOJ and ATF
orders,regulations and policy, including those related to standards of conduct,sexual
harassment,equal opportunity issues and Federal disclosure laws.
Failure to comply with this paragraph could result in a TFO's dismissal from the Task Force.
PERSONNEL,RESOURCES AND SUPERVISION
To accomplish the objectives of the Task Force, ATF will assign one(1)Special Agent to the
Task Force. ATF will also, subject to the availability of funds,provide necessary funds and
equipment to support the activities of the ATF Special Agents and officers assigned to the Task
Force. This support may include: office space,office supplies,travel funds, funds for the
purchase of evidence and information, investigative equipment,training,and other support
items.
Each participating agency agrees to make available to their assigned task members any
equipment ordinarily assigned for use by that agency. In the event ATF supplies equipment
ATF)LEO Task Force MOU Page 2
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(which may include vehicles,weapons or radios),TFOs must abide by any applicable ATF
property orders or policy,and may be required to enter into a separate agreement for their use.
i
To accomplish the objectives of the Task Force, the Hawaii County Police Department agrees to
detail one or more full-time TFO(s)and one (1)or more pan time TFO(s)to the Task Force for a
period of not less than two(2)years.
All TFOs shall qualify with their respective firearms by complying with ATF's Firearms and
Weapons Policy.
SECURITY CLEARANCES
All TFOs will undergo a security clearance and background investigation,and ATF shall bear
the costs associated with those investigations. TFOs must not be the subject of any ongoing
investigation by their department or any other law enforcement agency,and past behavior or
punishment,disciplinary, punitive or otherwise,may disqualify one from eligibility to join the
Task Force. ATF has final authority as to the suitability of TFOs for inclusion on the Task
Force.
DEPUTATIONS
ATF,as the sponsoring Federal law enforcement agency, may request at its sole discretion that
the participating agency's TFOs be deputized by the United States Marshals Service to extend
their jurisdiction,to include applying for and executing Federal search and arrest warrants,and
requesting and executing Federal grand jury subpoenas for records and evidence involving
violations of Federal laws, Such requests will be made on an individual basis as determined by
ATF.
The participating agencies agree that any Federal authority that may be conferred by a deputation
is limited to activities supervised by ATF and will terminate when this MOU is terminated or
when the deputized TFOs leave the Task Force,or at the discretion of ATF,
ASSIGNMENTS,REPORTS,AND INFORMATION SHARING
An ATF supervisor or designee will be empowered with designated oversight for investigative
and personnel matters related to the Task Force and will be responsible for opening, monitoring,
directing,and closing Task Force investigations in accordance with ATF policy and the
applicable United States Attorney General's Guidelines.
Assignments will be based on,but not limited to,experience,training and performance, in
addition to the discretion of the ATF supervisor.
All investigative reports will be prepared utilizing ATF's investigative case management system
(N-Force)and ATF case report numbers. The participating agency will share investigative
reports,findings, intelligence, etc., in furtherance of the mission of this agreement,to the fullest
extent allowed by law. For the purposes of uniformity,there will be no duplication of reports,
ATF ILEO Task Force MOU Page 3
but rather a single report prepared by a designated individual which can be duplicated as
necessary. Every effort should be made to document investigative activity on ATF Reports of
Investigation(ROI),unless otherwise agreed to by ATF and the participating agency. This
section does not preclude the necessity of individual TFOs to complete forms required by their
employing agency.
Information will be freely shared among the TFOs and ATF personnel with the understanding
that all investigative information will be kept strictly confidential and will only be used in
furtherance of criminal investigations. No information gathered during the course of the Task
Force, to include informal communications between TFOs and ATF personnel,may be
disseminated to any third party,non-task force member by any task force member without the
express permission of the ATF Special Agent in Charge or his/her designee.
Any public requests for access to the records or any disclosures of information obtained by task
force members during Task Force investigations will be handled in accordance with applicable
statutes,regulations,and policies pursuant to the Freedom of Information Act and the Privacy
Act and other applicable federal and/or state statutes and regulations.
INVESTIGATIVE METHODS
The parties agree to utilize Federal standards pertaining to evidence handling and electronic
surveillance activities to the greatest extent possible. However,in situations where state or local
laws are more restrictive than comparable Federal law, investigative methods employed by state
and local law enforcement agencies shall conform to those requirements, pending a decision as
to a venue for prosecution.
The use of other investigative methods(search warrants, interceptions of oral communications,
etc.)and reporting procedures in connection therewith will be consistent with the policy and
procedures of ATF. All Task Force operations will be conducted and reviewed in accordance
with applicable ATF and DOJ policy and guidelines.
None of the parties to this MOU will knowingly seek investigations under this MOU that would
cause a conflict with any ongoing investigation of an agency not party to this MOU. It is
incumbent upon each participating agency to notify its personnel regarding the Task Force's
areas of concern and jurisdiction. All law enforcement actions will be coordinated and
cooperatively carried out by all parties to this MOU.
INFORMANTS
ATF guidelines and policy regarding the operation of informants and cooperating witnesses will
apply to all informants and cooperating witnesses directed by TFOs.
Informants developed by TFOs may be registered as informants of their respective agencies for
administrative purposes and handling. The policies and procedures of the participating agency
with regard to handling informants will apply to all informants that the participating agency
registers. In addition, it will be incumbent upon the registering participating agency to maintain
ATF J LEO Task Force MOU Page 4
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a file with respect to the performance of all informants or witnesses it registers. All information
obtained from an informant and relevant to matters within the jurisdiction of this MOU will be
shared with all panics to this MOU. The registering agency will pay all reasonable and
necessary informant expenses for each informant that a participating agency registers.
DEONFLICTIN
Each participating agency agrees that the deconfliction process requires the sharing of certain
operational information with the Task Force, which, if disclosed to unauthorized persons,could
endanger law enforcement personnel and the public. As a result of this concern,each
participating agency agrees to adopt security measures set forth herein:
a. Each participating agency will assign primary and secondary points of contact
b. Each participating agency agrees to keep its points of contact list updated
The points of contact for this Task Force are:
ATF: Aaron R.Joseph, Resident Agent in Charge, Honolulu Field Office
Participating Agency: Gregory Esteban,Commander,Criminal Investigations Division, Hawai'i
County Police Department
EVIDENCE
Evidence shalt be maintained by the lead agency having jurisdiction in the court system intended
for prosecution. Evidence generated from investigations initiated by a TFO or ATF Special
Agent intended for Federal prosecution will be placed in the ATF designated vault, using the
procedures found in ATF orders.
All firearms seized by a TFO must be submitted for fingerprint analysis and for a National
Integrated Ballistics Information Network(NIBIN)examination. Once all analyses are
completed,all firearms seized under Federal law shall be placed into the ATF designated vault
for proper storage. All firearms information/descriptions taken into ATF custody must be
submitted to ATF's National Tracing Center.
JURISDICTIONIPROSECUTIONS
Cases will be reviewed by the ATF Special Agent in Charge or his/her designee in consultation
with the participating agency and the United States Attorney's Office and appropriate State's
Attorney Offices, to determine whether cases will be referred for prosecution to the United States
Attorney's Office or to the relevant State's Attorney's Office. This determination will be based
upon which level of prosecution will best serve the interests of justice and the greatest overall
benefit to the public. Any question that arises pertaining to prosecution will be resolved through
discussion among the investigative agencies and prosecuting entities having an interest in the
matter.
ATF ILEO Task Force MOU page 5
In the event that a state or local matter is developed that is outside the jurisdiction of ATF or it is
decided that a case will be prosecuted on the state or local level,ATF will provide all relevant
information to state and local authorities, subject to Federal law. Whether to continue
investigation of state and local crimes is at the sole discretion of the state or local participating
agency.
USE OF FORCE
All full-time TFOs will comply with ATF and DOJ's Use of Force policies,unless a TFOs
agency's Use of Force policy is more restrictive, in which case the TFO may use their respective
agency's Use of Force policy. TFOs must be briefed on ATF's and DOJ's use of force policy by
an ATF official,and will be provided with a copy of such policy.
MEDIA
Media relations will be handled by ATF and the United States Attorney's Office's public
information officers in coordination with each participating agency. Information for press
releases will be reviewed and mutually agreed upon by all participating agencies, who will take
part in press conferences. Assigned personnel will be informed not to give statements to the
media concerning any ongoing investigation or prosecution under this MOU without the
concurrence of the other participants and, when appropriate,the relevant prosecutor's office.
All personnel from the participating agencies shall strictly adhere to the requirements of 26
U.S.C. §6103, Disclosure of tax return information and tax information acquired during the
course of investigation,;involving National Firearms Act(NFA)firearms as defined in 26 U.S.C.
chapter 53 shall not be made except as provided by law.
SALARY/OVERTIME COMPENSATION
During the period of the MOU,participating agencies will provide for the salary and
employment benefits of their respective employees. All participating agencies will retain control
over their employees' work hours, including the approval of overtime.
ATF may have funds available to reimburse overtime to the State and Local TFO's agency,
subject to the guidelines of the Department of Justice Asset Forfeiture Fund. This funding would
be available under the tenors of a memorandum of agreement(MOA)established pursuant to the
provisions of 28 U.S.C. § 524. The participating agency agrees to abide by the applicable
Federal law and policy with regard to the payment of overtime from the Department of Justice
Asset Forfeiture Fund. The participating agency must be recognized under State law as a law
enforcement agency and their officers/troopers/investigators as sworn law enforcement officers.
If required or requested,the participating agency shall be responsible for demonstrating to the
Department of Justice that its personnel are law enforcement officers for the purpose of overtime
payment from the Department of Justice Asset Forfeiture Fund. This MOU Is not 11 funding
document.
ATF)LEO Task Force MOU Page 6
In accordance with these provisions and any MOA on asset forfeiture,the ATF Special Agent in
Charge or designee shall be responsible for certifying reimbursement requests for overtime
expenses incurred as a result of this agreement.
AUDIT INFORMATION
Operations under this MOU are subject to audit by ATF,the Department of Justice's Office of
the Inspector General, the Government Accountability Office,and other Government-designated
auditors. Participating agencies agree to permit such audits and to maintain all records relating
to Department of Justice Asset Forfeiture Fund payments for expenses either incurred during the
course of this Task Force or for a period of not less than three(3) years and, if an audit is being
conducted, until such time that the audit is officially completed, whichever is greater.
FORFEITURES/SEIZURES
All assets seized for administrative forfeiture will be seized and forfeited in compliance with the
rules and regulations set forth by the United States Department of Justice Asset Forfeiture
guidelines. When the size or composition of the item(s)seized make it impossible for ATF to
store it,any of the participating agencies having the storage facilities to handle the seized
property agree to store the property at no charge and to maintain the property in the same
condition as when it was first taken into custody. The agency storing said seized property agrees
not to dispose of the property until authorized to do so by ATF.
The MOU provides that proceeds from forfeitures will be shared,with sharing percentages based
upon the United States Department of Justice Asset Forfeiture policies on equitable sharing of
assets,such as determining the level of involvement by each participating agency. Task Force
assets seized through administrative forfeiture will be distributed in equitable amounts based
upon the number of full-time persons committed by each participating agency. Should it become
impossible to separate the assets into equal shares, it will be the responsibility of all the
participating agencies to come to an equitable decision. If this process fails and an impasse
results, ATF will become the final arbitrator of the distributive shares for the participating
agencies.
DISPUTE RESOLUTION
In cases of overlapping jurisdiction,the participating agencies agree to work in concert to
achieve the Task Force's goals and objectives. The parties to this MOU agree to attempt to
resolve any disputes regarding jurisdiction,case assignments and workload at the lowest level
possible.
LIABILITY
ATF acknowledges that the United States is liable for the wrongful or negligent acts or
omissions of its officers and employees, including TFOs, while on duty and acting within the
scope of their federal employment,to the extent permitted by the Federal Tort Claims Act.
ATF ILEO Task Force MOU Page 7
Claims against the United States for injury or loss of property,personal injury,or death arising or
resulting from the negligent or wrongful act or omission of any Federal employee while acting
within the scope of his or her office or employment are governed by the Federal Tort Claims Act,
28 U.S.C. §§ 1346(b),2672-2680(unless the claim arises from a violation of the Constitution of
the United States,or a violation of a statute of the United States under which other recovery is
authorized).
Except as otherwise provided,the parties agree to be solely responsible for the negligent or
wrongful acts or omissions of their respective employees and will not seek financial
contributions from the other for such acts or omissions. Legal representation by the United
States is determined by the United States Department of Justice on a case-by-case basis. ATF
cannot guarantee the United States will provide legal representation to any State or local law
enforcement officer.
Liability for any negligent or willful acts of any agent or officer undertaken outside the terms of
this MOU will be the sole responsibility of the respective agent or officer and,agency involved.
DURATION
This MOU shall remain in effect until it is terminated in writing(to include electronic mail and
facsimile). All participating agencies agree that no agency shall withdraw from the Task Force
without providing ninety(90)days written notice to other participating agencies. If any
participating agency withdraws from the Task Force prior to its termination, the remaining
participating agencies shall determine the distributive share of assets for the withdrawing agency,
in accordance with Department of Justice guidelines and directives.
The MOU shall be deemed terminated at the time all participating agencies withdraw and ATF
elects not to replace such members,or in the event ATF unilaterally terminates the MOU upon
ninety(90)days written notice to all the remaining participating agencies.
MODIFICATIONS
This agreement may be modified at any time by written consent of all participating agencies.
Modifications shall have no force and effect unless such modifications are reduced to writing and
signed by an authorized representative of each participating agency.
ATF)LEO Task Force MOU Page 8
SIGNATURES
Paul Ferreira Dateeasants aee
Chief of Policeecial Agent in Charge, ATF
Nawai"i County Police Department Seattle Field Division
ATF)LES)Task Force MOU Page 9
APPLICATION FOR FY 2018
PROJECT SAFE NEIGHBORHOODS(PSN) GRANT
PART Ill. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT AMOUNT
A.Salaries and Wages
No.of
Position Title positions— Monthly rate Subtotal
Police Lieutenant 1 $1106 $13,272
Police Detective 1 $1160 $13,920
Police Evidence Custodian 1 $239 $2,868
No.of No.of
Position Title Positions Hourly Rate Hours Subtotal
$
Total Salaries and Wages $30,060
B. Fringe Benefits Employee Benefits @ %
No.of
Position Title Positions Monthly Rate Subtotal
No.of No.of
Position Title Positions Hourly Rate Hours Subtotal
$
$
Total Fringe Benefits $
C. Consultant Services/Contracts
Length of
Consultant/
Scope of Consultant Estimated Contract
Service/Contract Cost Service Select as Appropriate
$ [I Consultant 0 Contract
$ [I Consultant 0 Contract
Itemize for mainland/interisland No.of No.of
airfare,ground transportation, Travelers as Days
rental car,per them Unit Cost applicable Subtotal
$ $
$ $
Total Consultants/Contracts $0
AG/CPJAD#1(b)PSN(Rev 712019) Page 1
COST ELEMENT AMOUNT
D. Transportation and Subsistence
No.of
Itemize for mainland/interisland Travelers No.of
airfare,ground transportation,rental as Days
car,per diem Unit Cost applicable Subtotal
$ $
Total Trans ortation and Subsistence $0
E.Supplies
Itemize supplies and related costs such Cost by Unit
as printing.paper,binders,etc. Quantity Subtotal
Firearm ammunition $ $144
Total Office Supplies $144
F. Equipment
Specify equipment that will be
purchased.leased,or rented. Quantity Cost by Unit Subtotal
$ $
Total Equipment $0
G.Other Costs Quantity Cost by Unit Subtotal
Total Other Costs $0
H. Indirect Costs Base Rate % Subtotal
$ $
Total Indirect Costs $0
TOTAL PROJECT COSTS $30,204
AG/CPJAo 41(b)PSN(Rev 9120191 Page 2
BUDGET EXPLANATION:
A. Salaries and Wages
The Police Lieutenant or designee will spend approximately 8 hours per month,two Police Detectives
will spend approximately 16 hours per month,and an Evidence Custodian,will spend approximately
8 hours per month,determining which firearms in evidence require test-firing,recovering them from
evidence, un-packaging them, test-firing them, properly re-packaging them, recovering the spent
casing(s)evidence,preparing it for shipment,and shipping it to the ATF Field Office in Honolulu.
Police Lieutenant: $1106/month x 12 months=$13272
Police Detective: $1160/month x 12 months=$13920
Police Evidence Custodian: $239/month x 12 months=$2868
B. Fringe Benefits
The composite fringe benefit rate is at % for_(list positions). The rate consists of
the following fringe benefit items and computed rates:
N/A
C. Consultant Services/Contracts
N/A
D. Transportation and Subsistence
N/A
E. Supplies
The Hawaii Police Department will need to purchase the appropriate ammunition for the various
firearms that will be tested. Total cost$144.
F. Equipment
N/A
G. Other Costs
N/A
AGICPJAD#1(b)PSN(Rev 712019) Page 3
H. Indirect Costs
N/A
AGICPJAD#1(b)PSN(Rev 7/2019) Page 4
wtr as
Harty Kim
Major Deanna S.Sako
Director
Steven A.Hunt
Depito,Director
County of Hawaii
Finance Department
25 Aupuni Street,Suite 2103 e Hilo,litnvaii 96720
(808)961-9234 e I'm(809)961-8569
August 12, 2019
MEMORANDUM 19-05
To: All Departments and Agencies
From: Kay 0shiro,Controller
Subject: Fringe Benefit Rates
The attached schedule shows the rates for selected fringe benefits that may be used by
departments in billing special funds or federal programs in fiscal year 2019-2020. If there is a
change in the Social Security or Medicare rate for calendar year 2020, we will send a
supplemental memo.
Additionally,depending upon circumstances, it may be appropriate to include other overhead
costs such as vacation and holiday pay.
Attachment
Hawaii County is an Equal Opportunity Employer and Provider
3
Attachment to Memorandum Na.19-05 August 12,2019
I
Schedule of Fringe Benefit.Rates for FY 2019-2020
3
3
Retirement:General Employees 22.00% of salary
Police&Fire 36.00% of salary
Social Security CY2019 6.20% on$132,900
Medicare Tax CY2019 1.45% on all wages
Workers'Compensation 1.71% of salary
Unemployment Compensation 0.09% of salary
Health Fund Payments: All BUs
Medical Plan.Single 380.50
Medical Plan,Two Party 923.72
Medical Plan,Family 1,177.36
Dental Plan,Single 20.78
Dental Plan,Two Party 41.56
Dental Plan,Family 68.38
Vision Care Plan, Single 3.52
Vision Care Plan,Two Party 6.54
Vision Care Plan, Family 8.56
Life Insurance Plan 4.12
Certifications
• Acceptance of Conditions(AG/CPJAD#14)
• Acceptance of PSN Special Conditions(AG/CPJAD#26)
• Certification of Non-Supplanting(AG/CPJAD #3)
• Certification of Non-Discrimination(AG/CPJAD#15)
• Certification of Non-Discrimination Complaint Procedures(AG/CPJAD#30)
• Certification Form—Compliance with the Equal Employment Opportunity Plan
Requirements(OMB Control No. 1121-0340)
• Certification Regarding Debarment, Suspension, Ineligibility,and Voluntary Exclusion
Lower Tier Covered Transactions(Sub-Recipient)(OJP Form 4061/1)
EXHIBIT B
(FY 2018 PSN(County)Rev.04/2020)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF CONDITIONS
The undersigned agrees,on behalf of the applicant agency,that:
I. 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 of Public Law 90-351, 34 U.S.C. ch. 101;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
coni'ormity with:
(a) general conditions applicable to administration of grants under the Ominbus Crime
Control and Safe Streets Act of 1968,as amended. Title I of Public Law 90-351,34
U.S.C.ch. 101;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 of Public Law 90-351,34
U.S.C,ch. 101;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.
SUBMID B
SEP 17 2020
Signature; . Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#14 PSN 04/2020
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF PSN SPECIAL CONDITIONS
The undersigned Grantee understands and agrees,on behalf of its agency that:
1. Requirements of the Award; Remedies for Non-Compliance or for Materially False
Statements
The conditions of this award are material requirements of the award. Compliance with
any certifications or assurances submitted by or on behalf of the Grantee that relate to
conduct during the period of performance also is a material requirement of this award.
Failure to comply with any one or more of these award requirements--whether a
condition set out in full below, a condition incorporated by reference below,or a
certification or assurance related to conduct during the award period--may result in
CPJAD taking appropriate action with respect to the Grantee and the award. Among
other things,CPJAD may withhold award funds,disallow costs,or suspend or terminate
the award. The Department of Justice and CPJAD also may take other legal action as
appropriate.
Any materially false, fictitious,or fraudulent statement to the state and/or federal
government related to this award(or concealment or omission of a material fact)may be
the subject of criminal prosecution (including under 18 U.S.C, 1001 and/or 1621,and/or
34 U.S.C. 10271-10273),and also may lead to imposition of civil penalties and
administrative remedies for false claims or otherwise(including under 31 U.S.C. 3729-
3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or
unenforceable by its terms, that provision shall first be applied with a limited construction
so as to give it the maximum effect permitted by law. Should it be held, instead, that the
provision is utterly invalid or unenforceable, such provision shall be deemed severable
from this award.
2. Applicability of Part 200 Uniform Requirements
Grantee agrees to comply with the financial and administrative requirements set forth in 2
C.F.R. Part 200 and the current edition of the Department of Justice(DOJ)Grants
Financial Guide.
Grantee understands and agrees that CPJAD may withhold award funds,or may impose
other related requirements, if the Grantee does not satisfactorily and promptly address
outstanding issues from audits required by the Part 200 Uniform Requirements(or by the
terms of this award),or other outstanding issues that arise in connection with audits,
investigations,or reviews of CPJAD awards.
AG/CPJAD#26 FY 2018 PSN Special Conditions(revised 1012019) 1
3
9
3
I
3. Reporting Requirements
Grantee shall comply with all reporting,data collection,and evaluation requirements,as
prescribed by law and detailed by the BJA in program guidance for the Project Safe
Neighborhoods.
Grantee shall complete BJA-required reports on-line using the Performance Measurement
Tool (PMT). The on-line reporting system will require a username and password to log
on. The usemame and password will be provided by CPJAD after the contract is
executed. The PMT web address is: https://oipsso.oip.gov/
=4
The BJA reporting periods and due dates are:
January I -March 31 Due: April 15
April I -June 30 Due: July 15
July I - September 30 Due: October 15
October l - December 31 Due: January 15
Grantee shall submit a Semi-Annual Progress Report to CPJAD every six(6)months
following the calendar year. The progress report is to cover activities that the Grantee
has completed during that reporting period.
The semi-annual reporting periods and due dates are:
January 1 - June 30 Due: July 15
July 1 - December 31 Due: January 15
A Final Progress Report is due 30 days after the project end date and should report
cumulatively on the entire project period. The appropriate report form will be provided
to each project by CPJAD. The report shall contain information describing progress,
accomplishments,activities,changes,and problems during the report period and any
additional information specified by the CPJAD.
4. DOJ Regulations Pertaining to Civil Rights and Nondiscrimination
28 C.F.R. Part 38
Grantee,and any subgrantee at any tier, must comply with all applicable requirements of
28 C.F.R. Part 38,specifically including any applicable requirements regarding written
notice to program beneficiaries and prospective program beneficiaries.
Among other things,28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion,a religious belief,a refusal to hold a religious
belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules
and requirements that pertain to grantee and subgrantee organizations that engage in or
conduct explicitly religious activities, as well as rules and requirements that pertain to
grantees and subgrantees that are faith-based or religious organizations.
AG/CPJAD#26 FY 2018 PSN Special Conditions(revised 10/2019) 2
The text of the regulation, now entitled"Partnerships with Faith-Based and Other
Neighborhood Organizations," is available via the Electronic Code of Federal
Regulations(currently accessible at http://www.cefr.�,,ov/cgi-bin/ECFR?page=browse
by browsing to Title 28-Judicial Administration,Chapter 1, Part 38, under e-CFR
"current-data.
28 C.F.R. Part 54
Grantee,and any subrecipient("subgrantee")at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 54,which relates to nondiscrimination on the basis of sex
in certain-education programs.-
5. "Lobbying" Restrictions
In general,as a matter of federal law, federal funds may not be used by the Grantee,or
any subrecipient("subgrantee")at any tier,either directly or indirectly,to support or
oppose the enactment,repeal,modification,or adoption of any law,regulation,or policy,
at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an
applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded from being used by the
Grantee,or any subrecipient at any tier,to pay any person to influence(or attempt to
influence)a federal agency,a Member of Congress,or Congress(or an official or
employee of any of them)with respect to the awarding of a federal grant or cooperative
agreement, subgrant,contract, subcontract,or loan,or with respect to actions such as
renewing,extending,or modifying any such award. See 31 U.S.C. 1352. Certain
exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular use of federal funds by a Grantee(or
subrecipient)would or might fall within the scope of these prohibitions,the Grantee is to
contact CPJAD for guidance,and may not proceed without the express prior written
approval of CPJAD.
6. Reporting Potential Fraud, Waste,and Abuse,and Similar Misconduct
Grantee and any subrecipients(-subgrantees")at any tier, must promptly refer to the DOJ
Office of the Inspector General(OIG)any credible evidence that a principal,employee,
agent,contractor, subcontractor, or other person has, in connection with funds under this
award-- 1)submitted a claim that violates 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. Potential fraud,waste,abuse,or misconduct involving or
relating to funds under this award should be reported to the OIG by:
Mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
1425 New York Avenue,N.W.
AG/CPJAD#26 FY 2018 PSN Special Conditions(revised 10/2019) 3
Suite 7100
Washington, DC 20530
Hotline: (800) 869-4499
Hotline fax: (202)616-9881
Additional information is available from the DOJ OIG website at
https://oig.iustice.gov/hotline.
7. 41 U.S.C. 4712(Including Prohibitions on Reprisal, Notice to Employees)
Grantee must comply with, and is subject to,all applicable provisions of 41 U.S.C.4712,
including all applicable provisions that prohibit,under specified circumstances,
discrimination against an employee as reprisal for the employee's disclosure of
information related to gross mismanagement of a federal grant, a gross waste of federal
funds,an abuse of authority relating to a federal grant,a substantial and specific danger
to public health or safety,or a violation of law,rule,or regulation related to a federal
grant.
Grantee also must inform its employees, in writing(and in the predominant native
language of the workforce),of employee rights and remedies under 41 U.S.C.4712.
8. Federal Leadership on Reducing Text Messaging While Driving
Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging
While Driving,"74 Fed. Reg. 51225 (October 1,2009), the CPJAD encourages Grantees
and Sub-grantees to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by this grant,and
to establish workplace safety policies and conduct education,awareness,and other
outreach to decrease crashes caused by distracted drivers.
9. Training(s)/Conference(s)Compliance
Grantee agrees to comply with all applicable laws,regulations,policies,and guidance
(including specific cost limits, prior approval and reporting requirements,where
applicable)governing the use of federal funds for expenses related to conferences,
meetings, trainings,and other events. Information on pertinent laws, regulations,
policies,and guidance is available in the DOJ Grants Financial Guide Conference Cost
Chapter.
Grantee understands and agrees that any training or training materials developed or
delivered with funding provided under this award must adhere to the OJP Training
Guiding Principles for Grantees and Sub-grantees,available at
https:Hojp.govlfundi ng/Implement/Traini ngPrinc iplesForGrantees-Subgrantees.htm
10.Duplicate Award of Federal Funds
Grantee agrees that if it currently has an open award of federal funds or if it receives an
award of federal funds other than this CPJAD award,and those award funds have been,
are being,or are to be used, in whole or in part, for one or more of the identical cost items
AG/CPJAD#26 FY 2018 PSN Special Conditions(revised 10/2019) 4
for which funds are being provided under this CHAD award,the Grantee will promptly
notify, in writing,the assigned Criminal Justice Planning Specialist for this CPJAD
award, and, if so requested by CPJAD,seek a budget or project narrative modification to
eliminate any inappropriate duplication of funding.
11.Restrictions and Certifications Regarding Non-Disclosure Agreements and Related
Matters
No Grantee or subgrantee under this award,or entity that receives a contract or
subcontract with any funds under this award, may require any employee or contractor to
sign an internal confidentiality agreement or statement that prohibits or otherwise
restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of
waste, fraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
12. Prohibited Conduct Related to Trafficking in Persons
Grantee, and any subgrantee at any tier,must comply with all applicable requirements
(including requirements to report allegations)pertaining to prohibited conduct related to
the trafficking of persons,whether on the part of Grantees,subgrantees,or individuals
defined(for purposes of this condition)as"employees"of the Grantee or of any
subgrantee.
The details of the Grantee's obligations related to prohibited conduct related to
trafficking in persons are posted on the OR web site at
https://ojp.gov/funding/Explore/ProhibitedConduct-Tr,afficking.htm (Award condition:
Prohibited conduct by grantees and subgrantees related to trafficking in persons
(including reporting requirements and OJP authority to terminate award)),and are
incorporated by reference here.
13.General Appropriations-Law Restrictions
Grantee,and any subgrantee at any tier,must comply with all applicable restrictions on
the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,
including from various"general provisions" in the Consolidated Appropriations Act,
2018,are set out at https://oip.f-,ov/fundinp,/Exnlore/FY I gAppropriat ions Restrictions.him
and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a Grantee or
subgrantee would or might fall within the scope of an appropriations-law restriction,the
grantee is to contact CPJAD for guidance,and may not proceed without the express prior
written approval of CPJAD.
14.Requirements to Report Actual or Imminent Breach of Personally Identifiable
Information (P11)
Grantee shall have written procedures in place to respond in the event of an actual or
imminent"breach"(OMB M-17-12)of"personally identifiable information"(P11)(2
CFR 200.79), if Grantee 1)creates,collects, uses,processes,stores, maintains,
disseminates,discloses,or disposes of such"personally identifiable information" within
AG/CPJAD#26 FY 2018 PSN Special Conditions(revised 10/2019)
I
3
the scope of the grant-funded program or activity,or 2)uses or operates a"Federal
information system"(DMB Circular A-130).
3
Grantee's response procedures must include a requirement to report by email actual or
imminent breach of PII to the assigned CPJAD grant manager and to 3
hawaiiag@hawaii.gov no later than 12 hours after an occurrence of an actual breach,or
the detection of an imminent breach, with the date and time of the breach or detection of
an imminent breach,description of actual or imminent breach, project number, project
title,name of Grantee,and Grantee contact information.
I
15. Limited English Proficiency
Grantee must certify that Limited English Proficiency persons have meaningful access to
services.National origin discrimination includes discrimination on the basis of limited
English prof cicncy(LEP). To ensure compliance with Title VI and the Safe Streets Act,
recipients are required to take reasonable steps to ensure that LEP persons have
meaningful access to their programs.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 subgrantees to help comply with Title Vi
requirements.The guidance document can be accessed on the Internet at www.lep.gov.
16. Media Related Outreach Projects
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 obligation or expenditure of grant funds related to the development of media-
related outreach projects.
SUBMITT Y:
SEP 17 2020
Signature: Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AGtCPJAD#26 FY 2018 PSN Special Conditions(revised 100-0 19) 6
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� SEP 17 2020
Signature: Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#3 06102
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 sea_)
• 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 5M.)
• 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. §42501 et Mg.)
• Section 1407 of the Victims of Crime Act (VOLA), 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 11 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 seM.)
• 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.
• The Violence Against Women Reauthorization Act of 2013, Pub. L. No. 113-4, 127 Stat. 54 §
3(b)(2413) which prohibits excluding, denying benefits to, or discriminating against any person on
the basis of actual or perceived race, color. religion, national origin, sex, gender identity, sexual
orientation, or disability in any program or activity funded in whole or in part with funds made
available through VAWA or the Office on Violence Against Women.(42 U.S.C. § 13925(b)(13)),
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 13 .
` SEP 17 20?0
Signature. _QQLDate:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#15(revised 7/2015)
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:
__P,auJ__K__FaT-na_i C44A&f- —909-964-4243
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: SEP 17 2020
Name: --Paul Ferriera Title: Chief of Police
(Head of Agency or Designee)
AG/CPJAD#30 612010 1
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read careftiliv the Instructions(see below)and then complete Section A or Section 8 or Section C.not all three.Yrecipient
mpletes Section A or C and sub- rants a sin le aivard over$500,000,in addition,glease conn lete Section D.
ReciTent's Name:Hawaii Police Department
Address:349 Kapiolani Street,Hilo.Hawaii 96720
Is agency a;o Direct or n Sub recipient of OJP,OVW or COPS funding?, I Law Enforcement Agency?9 Yes o No
DUNS Number:613154335 1 Vendor Number(only if direct recipient)
-Name and Title Of Contact Person:RIO AMON-WILKINS
Telephone Number:(808)961-2252 1 E-Mail Address:tio.amon-wilkins@hawalicounty.gov
Section ADeclaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply.
•Less than fifty employees. o Indian Tribe a Medical Institution.
•Nonprofit Organization a Educational Institution o Receiving a single award(s)less than$25,000.
1, [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]
VAII comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of
services.
If recipient sub-grants a single award over$500,000,in addition,please complete Section D
Print or T e Name and Tile Sik"ature Date
Section B---Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying
That an EEOP Is on File for Review
Ifa recipient agency hasfifly or more emp1qsvesamt is receiving a single award or,subascaril,of$25,000 or more,but less than$500,000,then
the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following(42 C.F.R.§41305):
1, Paul K. Ferreira, Chief of Police [responsible
official], certify that Hawaii Police Department
[recipient],which has fifty 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 pt.42,subpt.E. I further certify that within the last
twenty-four months,the proper authority has formulated and signed into effect the EEOP and,as required by applicable
federal law,it is available for review by the public,employees,the appropriate state planning agency,and the Office for
Civil Rights,Office of Justice Programs,U.S. Department of Justice. The EEOP is on file at the following office:
-Hawaii Police Department
[organization],
_ 34c) Kapiolani Street, Hilo, HT 96720
[address].
Chief Paul K. Fe=eira SEP 17 2020
Print or Ty Name and Title Si nature Date
Section CDeclaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil
Rights for Review
Ira recipient agency has fifty or more employees and is receiving a single award,orsubaward.of$500,000 or more,then the recipient agency
must send an EEOP Short Form to the OCR far review.
1, [responsible
official), certify that
[recipient],which has fifty or more employees and is receiving a single award of$500,000 or more,has formulated an
EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on
(date) to the Office for Civil Rights,Office of Justice Programs,U.S.Department of Justice.
If recipient sub-grants a single award over S500,000,in addition,please complete Section D
Print arrypeName and Title Signature Date
Section DDeclaration Stating that Recipient Subawards a Single Award Over$500,000
ff a recipient agency,setbawards a single aivard of 5500.000 or spore their the granting agency should provide a list;inchiding,name,address
and DUNS#of each such sub-recipient.
Sub-Recipient Agency Name/Addrcss Su5-Rccipient DUNS Numbcr i
If additional space in necessary.please duplicate/it is page.
OMB Control No.1121-0340 Expiration Date:12/3112015
INSTRUCTIONS
Completing the Certification For
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
The federal regulations implementing the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as
amended,require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's
administrative provisions to create,keep on file,submit to the Office for Civil Rights(OCR)at the Office of Justice
Programs(OJP)for review,and implement an Equal Employment Opportunity Plan(EEOP).See 28 CY R pt.42,subpt.
E.All awards from the Office of Community Oriented Policing Services(COPS)are subject to the EEOP requirements;
many awards from OJP,including awards from the Bureau of Justice Assistance(BJA),the Office of Juvenile Justice and
Delinquency Prevention(OJJDP),and the Office for Victims of Crime(OVC)are subject to the EEOP requirements;and
many awards from the Office on Violence Against Women(OVW)are also subject to the EEOP requirements.If you
have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's
EEOP requirements,please consult your grant award document,your program manager,or the OCR.
Recipients should complete either Section A or Section B or Section C,not all three.If recipient completes Section
A or C and sub-grants a single award over$500,000,in addition,please complete Section D.
Section A
The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption
from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization,an educational
institution,a medical institution,or an Indian tribe;or it received an award under$25,000;or it has less than fifty
employees.To claim the complete exemption from the ESOP requirements,complete Section A.
Section B
Although the regulations require some recipients to create,maintain on file,and implement an EEOP,the regulations
allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that(1)are a unit of state or local
government,an agency of state or local government,or a private business;and(2)have fifty or more employees;and(3)
have received a single grant award of$25,000 or more,but less than$500,000,may claim the limited exemption from the
submission requirement by completing Section B. In completing Section B,the recipient should note that the EEOP on
file has been prepared within twenty-four months of the date of the most recent grant award.
Section C
Recipients that(1)are a unit of state or local government,an agency of state or local government,or a private business,
and(2)have fifty or more employees,and(3)have received a single grant award of$500,000 or more,must prepare,
maintain on file,submit to the QCR for review,and implement an ESOP. Recipients that have submitted an EEOP
Utilization Report(or in the process of submitting one)to the OCR,should complete Section C.
Section D
Recipients that(1)re=ceive a single award over$500,000;and(2)subaward a single award of$500,000 or more must
provide a list;including,name,address and DUNS#of each such sub-recipient by completing Section D.
Submission Process
Recipients should download the online Certification Form,complete required sections,have the appropriate official sign
it,electronically scan the signed document,and then send the signed document to the following e-mail address:
EEOPForms(d!usdoj.gov. Tire docrtment must have rhe following title:ESOP Certification. If you have questions about
completing or submitting the Certification Form,please contact the Office for Civil Rights,Office of Justice Programs,
810 7th Street,NW,Washington,DC 20531 (Telephone: (202)307-0690 and TTY:(202)307-2027).
OMB Approval No,1121-0340 Expiration Date:12/31/15
Public Reporting Burden Statement
Paperwork Reduction Act Notice. Under the Paperwork Reduction Act,a person is not required to respond to a collection
of information unless it displays a current valid OMB control number.We try to create forms and instructions that are
accurate,can be easily understood,and which impose the least possible burden on you to provide us with information.
The estimated minimum average time to complete and file this application is 20 minutes per form. If you have any
comments regarding the accuracy of this estimate,or suggestions for making this form simpler,you can write to the
Office of Justice Programs,810 7th Street,N.W., Washington,D.C.20531.
3
` U.S.DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
i
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub-Recipient)
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension,28 CFR Part 67, Section 67.510,Participants'responsibilities.The regulations were published as Part VII of
the May 26, 1988 Federal Register(pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal,that neither it nor its principals are
presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from
participation in this transaction by any Federal department of agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this proposal.
Paul Ferriera,Chief of Police
Name and Title of Authorized Representative
C-000 SEP 17 2020
-w..7'-„r..-
Signature Date
Hawaii Police Department
Name of Organization
349 Kapiolani Street
Address of Organization
Hilo, Hawaii 96720
OJP FORM 4061/1(REV.2/89)Previous editions are obsolete
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," "proposes," 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 Transaction," 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
reports 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.